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  • RCR section 9 under HMA

Hi Sir,
I have filed RCR under sec 6 HMA to get know the opinion of my wife ,whether she is intersted or not. Probably she will not join.From last 1.5 yrs she staying at her parents house 
& her father is Bar counsil secratary in the same district court & State level political leader.He is trying to influeincing/putting pressure on my advocates to dilute my RCR.

She filed interm MC & legal Assist petitions under IA along with counter petiotion to my RCR.

From my side i am going to file counter petition to her interm MC & legal Assist petitions and additional affidavit(Add to RCR petition).
As of now couselling failed & i attended 8-9 times for court hearings.Now the case at enquiry stage & new judge came in to picture.

The below are my quireis:

 I am working in IT sector in hydearabad & i have to travell/work for some period (3-6 months) at UK /US location on biz visa etc....

1) At this movement, can i travell/work at outside of india as part of job? As of now, there is no case like DV etc in police station.

2) Is it really my presence is required for court hearings, chief examination,Statement Recordings,final judgement etc ?

3)Is there any alternate way to manage my advocate himself this things in my absence,if it really required can i attend by vedio conference etc ?

4) Can i request to judge tu put on hold or my advoate will take care of my case in my absence?

5) Can i file additional affidavit to add some allegations ( addition to my RCR petition) ?
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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14 Answers

1. If there is no criminal case and no restriction on travel and there is no problem you can travel Overseas as per your requirement.

2. Your presence is required in the court only when the courts order so to appear before the court otherwise your advocate can appear before the court.

3. Your advocate can manage the case without your presence and you may take the  progress from him.

4. Normally the client is not allowed to speak to the judge your advocate may represent you and ask the court in this regard.

5. Yes you may do so at the evidence stage.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Even in pendency of DV case or 498A case , there is no automatic bar on foreign travel of the accused person. So you can do your work in abroad freely.

2. During recording of evidence , your physical presence would be required.

3. In civil suit your presence in person is not mandatory.

4. same as above.

5. No. For this you will have make amendment of plaint.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can travel abroad for work purposes 

 

2) your presence is necessary to give evidence and for cross examination 

 

3) you can request court for video conferencing 

 

4)you have to amend your petition if you want to add additional points 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) you can request judge that for chief examination or any other evidence can have video or skype help and give POA for legal court proceeding handlin any one of your house member when you are not in India. Plus can give vakalatnama to a lawyer to attend court proceedings in your behalf.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Yes you can freely travel abroad as such there is no court order and there is no criminal case pending against.you.

2. For examination in chief and cross of your own your presence is required.

3. See your cross.examination and chief has to be done in your presence only.in that vedio.confrencing .Won't do.

4. Judge cannot hold case like this let your advocate take.care of this.

5. Yes with permission of court you can file additional affidavit.

 

Further if she is not interested in living with you then there is no use of going through all this take mutual consent divorce and move on.with your life.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. As per the information mentioned in the present query, makes it clear that you want to get some relief from appearance in court as you arm time help up with important work on your job.
  2. Yes, for few important stages of the cases you have to be here in court, but apart from those in the matter like the present one which is of civil nature, you need not to be present at every hearing.
  3. But, surely you have a right to take date in accordance with your schedule and also a direction to not to adjourn the matter in evidence stage as you have to travel from long distance.
  4. After this, if they adjourn then their right may be struck down by the court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. You can very well travel but better give POA deed to any close relative to represent you before court during your absence.

 

 

2. Yes

 

 

3. You can give POA to any close relatives besides engaging the services of an advocate.

 

4. No.

 

5. You can

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi,

It is informed that the process of court is slow and in 03-06 months, there will be not more than 2-3 hearings. It is because the courts are flooded with petitions. So, you need not to worry much. Further, you are suggested to be in regular contact of your advocate and monitor the things.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1.  From what you have mentioned, you can travel.  However, your travel and increased income will be considered while deciding maintenance. 

2.  Presence is not required in the initial stages but during the later proceedings it is advisable unless you can have a person represent you as your POA to guide your lawyer. 

3.  Your Advocate should be able to manage things but your cross examination by video- conferencing would require a lot of formalities to be done at your end. 

4. A case cannot be put on hold as such per se but a date can be taken as per your convenience. 

5. There can be no allegations against your wife in RCR.  However, you may amend your Petition to incorporate the additional facts. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

Yes you can travel. Only in the hearing in which your presence is required then you need to attend the court else your lawyer will represent you. Yes you can file additional affidavit

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

you can make application for amendment of RCR petition 

 

2) wife is entitled  to legal expenses 

 

3) wife can make application for interim maintenance in RCR case 

 

4) file application in court calling upon wife to produce her salary slips , her income tax returns, bank statements etc

 

5) since wife is highly qualified , is working she may not get any maintenance unless there is substantial differences in your income 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Whether your  case has come for trial and have you let in your chief examination evidence?, If so you cannot file additional affidavit, do you want to file subsequent pleadings to your RCR petition?

Whether the respondent/wife has already filed her counter to the main petition?

 

Four fundamental rules of pleading are; (1) Pleadings should state facts and not law; (2) The facts stated in pleadings should be material facts; (3) Pleadings should not state the evidence; and (4) The facts in pleadings should be stated in a concise form.

"Subsequent Pleading – No pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or additionally written statement from any parties and fix a time of not more than thirty days for presenting the same.

 in certain cases with the leave of the Court, Plaintiff has been permitted to file a rejoinder to the written statement filled by the defendant, such a rejoinder filled by the Plaintiff is termed as "replication".

You must ascertain what you want to do now?

 

 

 

 

2. Litigation expenses are common to all, whether she the daughter of an advocate or otherwise, she is entitled to litigation expenses.

 

3. Since she is your legally wedded wife and is staying separately away from you, she is entitled to interim maintenance.

 

 

You can argue that she voluntarily abandoned the matrimonial home without any valid reason hence she is not entitled for any maintenance

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. For additional affidavit permission of court has to be taken. if court allows additional affidavit can be filed.

 

2. See father being a advocate in same court does not affect her stand but still you can contest.

3.You can contest maintenance on ground that she has deserted you  therefore deserting wife not entitled to maintenance. 

4. You can give her notice through court to produce her bank statement and salary slips on record.

5.  See on this grounds showing your liabilities and that your wife is qualified and earning the maintenance can be contested. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can file the same at appropriate stages before court through your advocate guidance.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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