Got exparte RCR decree in my favor, what should I do next
05-Mar-2023 (In Family Law)
I have filled on dated 20-april -2016 a matrimonial suit for RCR in the district court alipore. The Final order is mentioned below on dated 28-02-2017 : " that the instant matrimonial suit be and the same is hereby decreed exparte without cost against the respondent wife. The petitioner husband do hereby get a decree for restitution of his conugal right as per Section 9 of the Hindu arriage Act. " Please advise be what to do next.
As i m not into the matter in detailed that you filled the RCR directly or under Order 8 rule 6A . As the exparte order is for you then notice the respondent and file the decree for execution if in the meantime the respondent after receiving the notice may file an application for vacating the exparte order or set aside
Helpful?
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You are requested to obtain the order copy of the same and inform the other party over a letter through your lawyer or by yourself whichever is convinient. So that the other party can act as per the direction of the Ld. Court.
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Write a Letter through your Ld. Advocate addressing to your wife and narrated the extract order of the Decree passed by the Hon'ble Court.
After elapsing one year, if your wife did not comply with the Decree of Conjugal right. Then you file Divorce Application U/S 13 of HM Act.
You can obtain Decree of Divorce.
After elapsing one year, if your wife did not comply with the Decree of Conjugal right. Then you file Divorce Application U/S 13 of HM Act.
You can obtain Decree of Divorce.
Helpful?
43+
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