2. Yes judge can impose cost on her and dismiss her cross and go ahead with the further procedures
3. No
4. Yes
Wife filed RCR, Counseling failed and now it's in evidence and cross-examination stage. 1. She is willing not to appearing to court for cross-examination for the last 3 times what should I do. 2. Can I ask the judge to impose fine on her been a petitioner she is not attending? 3. As I filed a Divorce prior to her RCR can she plead the court to sanction Injection order on the property Which is on my name. 4. As she is not appearing in RCR can I plead the judge to close the case? Please Guide me as I am PIP in case. Thanks in advance.
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2. Yes judge can impose cost on her and dismiss her cross and go ahead with the further procedures
3. No
4. Yes
1) insist on payment of costs for adjournment as wife is not appearing in court
2) wife can seek injunction restraining you from selling the property as it is her matrimonial home
3)if wife does not appear in court for 3 consecutive dates and her lawyer is absent court can dismiss the case
It si wife who filed RCR, if she will not appear, her case will dismiss, if on next she dose not come, press court to either close her evidence or record her conduct her act to delay case and RCR plea is not genuine.
Injunction can be grant under DV case, not in RCR and divorce. Only on share house.
Dear Sir,
IF SHE DID NOT APPEAR IN THE COURT ,THE COURT WILL DISMISS THE RCR PETITION
IN DIRECTLY IT WILL NOT EFFECT YOUR CASE.BUT BASED ON THIS YOUR WILL FILE DIVORCE CASE WILL BE BENEFITED . YOU MAY WIN DIVORCE CASE AS SHE DID NOT SHOW INTEREST TO JOIN WITH HIM .
YOU WILL ARGUE IN THE COURT THAT SHE IS NOT INTERESTED TO LIVE WITH ME.
You can ask judge to give Exparte judgement and close the case or dismiss the case and move on your divorce case.
1. See you can ask court to reject her case as she is failing to appear before court.
2. COURT may impose cost also it may also reject for non prosecution.
3. See she has ni right on the property so she cannot seek stay on transfer or sale of the property.
4. Yes you may pray for same.
Dear sir
My reply is as follows
1. She is willing not to appearing to court for cross-examination for the last 3 times what should I do.
A: Your advocate must impress upon the judge to take her absence on record and close her side.
2. Can I ask the judge to impose fine on her been a petitioner she is not attending?
A: No fine will be imposed but if she didnot offer for cross examination then her chief examination on record will be treated as
deleted and it will not be considered at the time of judgement and ultimately her RCR will be dismissed.3. As I filed a Divorce prior to her RCR can she plead the court to sanction Injection order on the property
Which is on my name.
A: She has right for alimony and she cannot claim any injunction on your self-acquired property unless there are any
arrears of maintenance to be paid by you.4. As she is not appearing in RCR can I plead the judge to close the case?
A: YES, and your evidence will be recorded thereafter judgement will be pronounced by dismissing the RCR.
- You should mention before the court , for harassment in every date of hearing ,as she wanted to linger on the case.
2. Since last 3 hearings , she is not coming forward for evidence , hence her case deserve to be dismissed , you should press the court for the same.
3. As per law, she is not having any right to ask for a share in property during your life time , but she can ask for her shelter to live in the property.
4.Yes, as she is playing the judiciary after filing a case , and not pursing the same.
Good luck and dont forget to rating Positively.
1) Show your readiness to cross examine her and insist the court to take up the matter. Do not leave the court hall till it is adjourned / some orders are passed. Show your readiness to the court.
2) Court itself will impose fine followed by closing her evidence if she fails.
3) No.
4) Yes you can.
Judge himself will put cost on her if she doesn't appear for cross examination for next one or two dates.
No she cannot claim any share from your property so court will not grant stay on your properties till you pay maintenance to her.
Judge cannot close the case on non appearance of petitioner if her advocate is appearing on her behalf.
1) if your wife does not appear in RCR petition then court will dismiss such petition.
2) yes court can impose cost.
3) wife can get injunction only for jointly owned property of husband.
4) yes you can.
1. The court can close her cross-examination.
2. No question of imposing fine on her.
3. Injunction can be sought by her under DV ACt which has to be decided on its merits irrespective of the filing of divorce and RCR.
4. At this stage the court can only close her cross-examination.
Thanks to all the Legal Advisors who had taken out a few minutes of their precious time and answered my Queries. 1. As I filed divorce first and after that, she filled RCR later, in Divorce's case it's almost more than a year but she is not attended at least once in front of the judge. Every time her counsel comes takes dates and go. In RCR as it's in the evidence stage, she is not attending since last 3 times only her counsel taking dates with different lawyers every time. Q. As earlier a few experts said while answering my questions that we can ask the honorable judge to impose a cost for her non-appearance in front of the bench on the date for the RCR evidence stage. Is there any particular format to be submitted if so please share it. Q. In divorce also she is not attended a single time her counsel had sent the draft and signed by her while the counter is filed. can I ask Honorable Judge to close the case as she is not appearing and ask to pass a degree. is there any memo to be submitted for this. if so kindly let me know the format. I once again thank all the expert advisors for their valuable advises. Kindly guide me as I am PIP in case.
1. See you may pray before court to close there right of evidence or reject the petition as petitioner is not present or court may impose.cost.
2. A simple application for there non appearance can be filed no format as such
3. See in case her reply is there you can file rejoinder of it and after same can proceed for your evidence.
Just when wife advocate seeks adjournment you can oppose application for adjournment and seek payment of costs
2) no particular format is necessary
3) in divorce case wife has filed her reply
4) court would frame issues and you have to lead evidence
Why dont your advocate protest against adjournment.
Request the court proceed the trail to next stage if she not turn up on next date.
1) Cost to be given means your full day charge to be paid by other party that may be cost you lawyer fees, traveling fees, stamp duty etc.. You can other party to pay you atleast 10k and take next hearing date. You are ready for that.
2) You can ask for ex parte or dismiss the case in your favor.
Q1) You can request the court to impose costs on your counter part, by bring to the knowledge of the court about her non appearance since ........... hearings, file memo to that effect.
Q2) You need to file Memo before the court bringing the back ground of her non appearance before the court since …… hearings etc. You can request the court to pass orders against her in the interest of justice taking into consideration of the laid back attitude and scant respect shown towards the court by her.
You have to serve her atleast twice through normal mode as the court would order, thereafter you will have to file an application for substituted service through affixation and publication in newspaper. If she fails to appear even after substituted service the court will order the proceedings to be ex-parte against her.
1. you can put pressure on court insisting this.
2. No, you cannot ask this, instead you can ask the court to close her evidence.
3. No.
4. You can ask the court to close her side evidence.
1. You cannot ask the court to impose any cost for this instead you can ask the court to close her side evidence.
2. In divorce case, since it is your case you may have to conduct the trial whether she is coming or not, let the court decide if she opts to not to cross examine you at the time of trial.
Dear Sir,
Yes, you can can I ask Honorable Judge to close the case as she is not appearing and ask to pass a degree.
You tender exparte evidences against your wife that will help u in getting decree in your favour. Once the decree is granted you will be eligible to remarry so ask the court to turn the proceeding exparte and produce the relevant documents and witness .