• Wife not accepting my RCR summons

Wife left matrimonial home and filed a DV. 
I attended hercase
I sent rcr summons to her which she is not accepting . The address to which rcr summons was send is the same address which my wife kept in her DV petition.
What could be the courts order if she is not accepting the summons.
She has filed her petition in mumbai .
While I filed RCR in Kerala where our matrimonial home is present. Will the court in Kerala grant me the decree of RCR if my wife is not accepting the summons?
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1.File the DV petition to prove this fact. on this basis the court would accept service of summons complete.

2. if not then apply for substituted service of summons through paper publication.

3.After that the court would not wait for her appearance and if she does not appear then the court would proceed ex parte and may grant decree if your case has such merit.

4. yes Kerala court appears to have jurisdiction to try this case and pass decree.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) if summons is returned with remarks refused it is proper service

2) if summons are returned un served court can direct you to serve summons by substiututed service ie paper publication in 2 local newspapers

3) court can grant you decree in RCR if wife has refused to attend court inspite of service of summons

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. What is the reason for your filing the RCR case against your wife?

2. Ordinarily RCR case yields no fruitful result as even if you get favourable order directing her to join you, nothing will happen to he if she refuses to join you. Only benefit is that in such case, divorce decree can be availed easily.

3. However, you can file an application praying for publishing the summons in local Newspapers and publish the same if the Court refuses to accept her refusal of receceive Summons as good service.

4. If she receives the summons, she can fie a petition before the Supreme Court praying for transferring the RCR case to Mumbai.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If the summons are refused then the court may pass an exparte order, if not the court may instruct you to send the summons at least two more times or to publish the same through a leading newspaper in Mumbai.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

1)issue legal notice to person who damaged your bike to recover loss suffered b6 you

2) file police complaint against him if he refuses to pay damages suffered by you

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

You may file a FIR against the person who damaged your bike, if you want investigation.

Otherwise in my advise it is a trivial matter, for which the police will not take cognizance

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1. It is not a follow up question in connection with your earlier post.

2. However, you should first lodge a police complaint against the unknown person shown in the CCTV.

3. You can also file a consumer case before rthe local District Consumer Dispute Redessa Forum against the parking facility provider alleging deficieny in service and unfair business oractice claimingcompensation for the damage caused to your vehicole while kept in their custody against payment and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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