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?
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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.
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
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.
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.
Sir, i parked my bike in lulu mall kochi. Went for a cinema in the mall and when returned to parking lot found clutch of my bike has been broken. From the security camera it is found that a man sits on the bike and fiddels with my bike. Its a paid parking at the mall and as usual the rules written are parking at owners risk. What legal action can be taken against the parking facility of the mall and the guy who damaged my bike?
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
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
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.