• RCR

Dear Sirs,

I Kannadasan b (Petitioner) RCR against wife ?
What if my wife takes exemption (VAIDA) for not appearing the court for first hearing?
Will that favour me 

Thanks & regards,
Kannadasan.B
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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13 Answers

If your wife has genuine reasons for not appearing before the Court then it could not be taken against her.

If reasons for not appearing before the Court are intentional and deliberate, it will be taken against her and if she continues to do so she'll be proceeded ex Parte.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

See wife can seek time for filing reply and in RCR personal presence is not required.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Please note that first hearing date is for appearance of party either personally or through lawyer so she can file vakalath and may file objection to rcr. She can appear through counsel in case thereafter it will be posted to conciliation by court to see any element of settlement.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

pray court for warrant for appearance if proper summon is aleady issued n recd by her but not appearing. Court may agree to do so

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Personal presence of wife is not necessary on each date

It ya not favourable for you

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Dear,

Not favor you, because court exempt 2 or 3 appearance but if she

will not attend more than 3 times, then you ask court to issue warrant

against her.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. In civil suit physical appearance of the parties is not mandatory unless the same is for reconciliation process or for their respective evidence.

2. So whether on the first date or on any other dates thereafter is he attends the case in person or remains absent will cause no advantage to your case or disadvantage.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

No need for parties to appear on every hearing, advocate can represent, so no specific benefit.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

No, let the court notices be delivered to her and in case she don't appear in the court after satisfaction by the court the court will give you ex-parte decree in this regard which will be good for you in case you go for divorce

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi

The same will not be taken seriously. Court will give a chance for not appearing. It will not favour you.

If the same happens repeatedly, you can push court for favourable order.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hello,

If she does not appear for few consecutive hearings then the court will proceed ex parte without hearing the opposite party.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Not really because unless she will not appear, the case does not proceeds.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

If she receives the summons and not appearing before the court neither being represented by an advocate then the court may calle her absent, set her exparte and an exparte order may be passed on the same day.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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