(Guest)

Rcr hearing

My RCR Pettion hearing Date is on 11/12/12.

I spoke with my Advocate , he is asking for more 10k to proceding this RCR further. I already paid 40k for filing RCR itself.

I told my advocate , I don't have much to pay you, for that he told me that you can contact another advocate to proceed. Will i Myself can able to attend all hearings, etc. without an Advocate for this RCR process.

Sir My Questions,

1) My RCR pettion is filed in Kalyan Court (Thane) , During this process, after 1 year to 6 month , Can i convert my RCR pettion to Divorce pettion in Palaghat (Kerala Court) . Because, My wife stays in Kerala and cost for filling divorce case is less compare to Mumbai.But my Marriage is held at Tamil Nadu without registration. but i have mariage certificate, etc.

2) If my wife does not replied after she received my RCR petion . Then, what is maximum grace period time given to my wife to reply the RCR.

3) If my wife did not replied / contested the RCR back , then will i get Xparty divorce or Again, i have to convert my RCR to Divorce Pettion.

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5 Replies

Goutam Prasad (Advocate) 03 December 2012

You can appear in RCR case your self. But, normally the same is not suggested as you can not prepare good drafted pleadings and present or interpret the evidence as per best law required.

If, your wife does not appear in RCR inspite of service of summons, court may move ex-parte. If, she does not return to you thereafter, you will have good ground for divorce.

Divorce petition can be filed in Kerla if your wife resides there, irrespective of the fact that your marriage was solemnized any where else.

Normally, court moves ex-parte only after service of summons three times and non appearance of respondent .

You can get your RCR transferred to Kerla even at this stage after moving application to the effect in Supreme Court. And it will reduce your RCR time as service of summons will be easier at that place.

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(Guest)

Thanks You Mr.Goutham Sir for your kind reply..

1) What will happen, on the hearing day in front of Judge.? Totall how many hearing will be coundeted in RCR case.?

2) What is the duration period for every three summons? will it take a year.....

3) Can Myself able to Transfer the RCR from Kalyan (Thane) to Kerala state through SC. Is that any ready made document available. and how much time it takes to transfer the RCR to Kerala State.