Need Documentation From NCW Regarding Communication With Wife

746 votes

specific documentation regarding the communication dates and confirmation whether the information was given in writing or verbally by NCW, one would have to formally request written confirmation from NCW explicitly stating how they communicated this information—whether it was entirely in writing or verbally. This type of confirmation is not typically disclosed via RTI but may require a formal legal or administrative request or order. Order 9 Rule 13 of CPC provides a remedy for setting aside an ex-parte decree when the defendant was not properly served or had no knowledge, but documentation proving the communication date from NCW would be essential to support the case if the date is in dispute. Kindly contact me for procuring these documents.

Advocate Shreya Kapoor LawRato

771 votes

Your case has a very strong foundation because your ex-wife's application appears to be filed beyond the legal time limit. Her admission that she learned of the decree from the NCW is the key. The law allows a maximum of 90 days from the date of knowledge to file such an application. Since she filed it 90 days after that knowledge, her application is already at the very edge of the permissible period, and I will argue that it is time-barred. My strategy will be to formally request the court to direct the NCW to produce all official records of their communication with your ex-wife. This court order will compel them to provide the evidence we need. I will also forcefully challenge her claim of receiving only verbal information, as it is highly unlikely for a formal body like the NCW to operate in that manner. My goal is to conclusively establish the true date of knowledge and have her application dismissed.

Advocate Abhishek Sati LawRato