Hi ... as i have been misguided by one of the lawyer and suggested me not to present in the court for RCR.... now " how can i get to know about my next hearing date..." as my husband has filed a case in Gujrat. .
radhika (housewife) 02 August 2012
Hi ... as i have been misguided by one of the lawyer and suggested me not to present in the court for RCR.... now " how can i get to know about my next hearing date..." as my husband has filed a case in Gujrat. .
Damayanti (Unemployed) 02 August 2012
You don't need a lawyer initially .
You should go there personally alongwith your relative/parents etc.
On the reason of husband's and his relatives' atrocity , wife has right to stay away and can not be compelled!!! and so RCR is mostly won ex-parte otherwise its difficult to win RCR by husband!!!
At least once you need to go there personally!! at the earliest
laterwards you may file on your own also to get the trasnfer of case to your place. (it is always considered)
Else ask for an adequte costs of travel and stay for the sake hearing etc.
And also you may appoint the lawyer laterwards.
But first apprearance must.............. even though you missed first two three hearings.
you can go and show your presence tomorrow also.
Anyways you aren't ware 'when is the next date?' and not supposed to wait also until that to get the next date atleast you have to go there to know the next date.
Your lawyer is bought by opposite party!!
Radhika,
You are indeed misguided in your case.
Please go through the following and initial stages you do not need any lawyer.
But abstaining from hearing will only damage and aggravate your case.
I could go through your all previous posts quickly but not indetails. Anyways Its all your side/version of story.
1. You did receive the summons of RCR alongwith the copy of plaint of RCR.
2. You know what was the hearing date.
3. you are misguided by lawyer NOT to attend personally and his assurance that he would file all the necessary things to get case transferred. You are not expert in law and had to believe the lawyer and you stay far from ahmedabad.
4. How to find the next hearing date? --- You can find it yourself and any of your aquantance in ahmedabad.
You know the case file number. you knew the first hearing date.
Ask anyone to go to court (the court room precisely) and there is a daily muster kept for each date(also called print out of daily board of the court. ). and on the same 'next hearing date and also time' is also mentioned (matter adourned to: dd-mm-yyyy)
Thus you know the next hearing date. Again check the same muster for that date. If you have missed many more than one hearin dates.
If summons is served then, max three attempts are given and matter is adjourned but not any further.
Now you have give explanantions such as'health, distance, ill advise, no money, mental stress, preoccupation of job' all should be consistent.
Since you are litigant, you have right to inspect the case file also!. ..free of cost!!!
An do mention in that application that you need to know what all happened so far in the suit.
Then sit in court room on chair and go through the file and 'rojnama' and other documents. Copy of All documents may not be given to you such as other proofs and affidavits by husband.
First, register your presence at the earliest personally. Even tomorrow you cna reach there. First pray in writing to take the 'suit matter to be taken on board' (it is a just 4-5 lines of application and it is always allowed and you have reason of 'out station litigant' ) No stamps and no fees . women are exempted from all such
Remember, if there is urgency you can go to court on any day other than scheduled day. Only thing is that you have formally pray to court for that as mentioned above.
Register you address by filing/submiting a purshis (1 page document. heading is just like what is there in RCR plaint. only difference. is that "Respondent-wife most respectfully submits the purshis as mentioned hereinafter that:-" ) ( purshis is a statement where in there is no prayer at the end. just a statement )
E.g.
I/Respondent state that I stay at .......................... and I hereby register my presence before Honorable Court No .__ on today ....date........... towards the suit XYZ/ ........................ and I/respondent am given to understand from the perusal of case file and daily board that next due hearing is scheduled on ..................... . I stay at Delhi etc.
Your case must have been referred to counselor and there your absentee may be marked (just a procedure) . your case file mentiones 'suit referred to XYZ for couselling'.
Go and meet the counselor.
But Do not mention any details of the case and your side (don't be under illusion that system is clean!!).
Just keep harping that you are ready to re-join ONLY your fears and apprehensions and misbehavior of husband is corrected (based on husband's atrocity , wife has right to stay away and can not be compelled!!! and so RCR is mostly won ex-parte otherwise its difficult to win RCR by husband)
At least once you need to go there personally!!
JANAK RAJ VATSA (ADVOCATE) 03 August 2012
a very well answered querry by damayanti