Dear Sir,

I have filed RCR in Sept 2009 and till date about 12 hearings have taken place in court.  Opposite party has never appeared for hearings nor any lawyer is representing their case.

Still I have not got exparte decree.  For your information i have been slapped with 498a, DV and 125 Crpc by my wife.

Starting from sending  summons to opposite party to appear before the court, then publication in newspaper etc. has taken place.  Now my lawyer is saying that judge has ordered that a representative from court will go to her home and will personally hand over the summons.  For this my lawyer is asking me to pay him Rs. 4000/- as court fees.

My query is

1) should i pay my lawyer Rs.4000/- for this or is he taking me on ride.

2) If the opposite party or their lawyer is not appearing to defend it, then after how many hearing should i get ex-parte orders.  Already more than 12 hearings have taken place.

3) What is the advantage even i get the ex-parte decree.

who gave this stupid idea of filing RCR

12 hearings, is too much!

Representative of the court is paid by the court, don't pay anything especially since you already got slapped by 498, DV & 125 so no point.

even after this court rep goes and trys to hand over and if they do not recive it then he woudl need to stickit on their door, which they can pull out and still not come. Then the next step would be to post and advert into a popular news paper circulated in her town (for which you would need a little over 4k, so spare it for that) and then wait for the expartie.

Why do you want an expartie..what use is it? Ex partie would be that the court will give a decree that the wife needs to stay with the husband, but you need to understand RCR is not a case its just a notice and the court cannot use any force or cranes to pick your wife forcefully against her wishes and make her live with you. So it is of no use in that way.

All you can use it is to take a certified copy of it and furnish them as an additional evidence in your 498, DV & 125 to prove your good intentions and how they were arrogant to not follow instructions of the court...thats it.

Ideally you should be at this point taking the certified copies of the entire RCR and then withdrawing it and file a fresh divorce petition & drag it till there is some conclusion of 498, DV & 125 and tag all these....together...so that you could save some time at the point of settlement.

Well i have heard that if i have a RCR decree then at the time of final settlement I will have to pay minimum alimony.  is it true?

My purpose of filing RCR is not to stay with the gal, but to reduce the final settlement amount.

Secondly, i have heard that if you have a RCR decree then if you are arrested in 498a or other criminal cases then chances of getting immediate bail are more.

Experts may Kindly throw some more light on it.

Was the RCR filed 1st or the other cases that you mentioned filed first?

If RCR was filed 1st only then it could go in as an evidence and there would be some consideration given when giving bail. For final settlement RCR has no bearing! Final settlement would be based on how good you and your side is at negotiating....and to get a better deal you would need to tier the opp parties and at all points portray a picture that you are in no hurry for a divorce....run them high and dry!

I filed the RCR case first.  later on i was slapped with 125/DV/498a.

RCR...don't even bother, its waste of time, money & efforts! What is the situation of the DV/125/498? Try http://www.498a.org.in/act_frAdv.html may help you.

withdraw RCR and file divorce immediately

Do not withdraw RCR also do not file for Divorce....rather catch a bunch of Friends & have a ball...only few guys get the opportunity to be married and yet single....so have blast!! Do everything you always craved to do and did not do because of pressures from parents, teachers, society, bosses, wife, etc....! Did you ever want to bunjee jump or go deep sea diving or skydiving...do it...next six months have a ball and make the world envy your life....then return back to ironing out the messes!

Please Note...Do not forget to post the latest updates of your latest adventure and make others here turn so green envying you that they too stop whining and get encouraged and instigated to enjoy life....this too is a strategy...when the opposite party gets to know that you are actually enjoying life and not bothered while all they live day-in & day-out thinking and planning ruining their time and lives they would run high & dry and want to get over and that would be your 1st victory because if they want then you get an upper hand in the negotiations! - isn't this a better strategy than wasting your & the courts time and energy...running pole to post filing counters and counters-counter like perjury, contempt, etc?

Do not withdraw RCR also do not file for Divorce....rather catch a bunch of Friends & have a ball...only few guys get the opportunity to be married and yet single....so have blast!! Do everything you always craved to do and did not do because of pressures from parents, teachers, society, bosses, wife, etc....! Did you ever want to bunjee jump or go deep sea diving or skydiving...do it...next six months have a ball and make the world envy your life....then return back to ironing out the messes!

Please Note...Do not forget to post the latest updates of your latest adventure and make others here turn so green envying you that they too stop whining and get encouraged and instigated to enjoy life....this too is a strategy...when the opposite party gets to know that you are actually enjoying life and not bothered while all they live day-in & day-out thinking and planning ruining their time and lives they would run high & dry and want to get over and that would be your 1st victory because if they want then you get an upper hand in the negotiations! - isn't this a better strategy than wasting your & the courts time and energy...running pole to post filing counters and counters-counter like perjury, contempt, etc?