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RCR case
1 week ago
If wife is willing to join the husband after he filed RCR husband denied to talk wife after mediation conciliation complete what will happen
A.Dear madam,
You may forcefully enter into your matrimonial house and file domestic violence case and take interim restraint order which protect you from domestic violence at the hands of your husband and in laws.
You may forcefully enter into your matrimonial house and file domestic violence case and take interim restraint order which protect you from domestic violence at the hands of your husband and in laws.
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A.Dear Client
If the RCR was filed by the husband and if he refuses to allow her to be with him then his Restitution of Conjugal Rights case will go for toss when the court comes to know about it then the court may pass an adverse order against the husband.
Let the court know about this through your lawyer on the next date of hearing. There might be possibility that the RCR case was filed as a precursor to divorce case that he would have planned to file. If that may be so then his plan shall fail too.
If the RCR was filed by the husband and if he refuses to allow her to be with him then his Restitution of Conjugal Rights case will go for toss when the court comes to know about it then the court may pass an adverse order against the husband.
Let the court know about this through your lawyer on the next date of hearing. There might be possibility that the RCR case was filed as a precursor to divorce case that he would have planned to file. If that may be so then his plan shall fail too.
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A.Dear Client,
If the husband refuses to communicate with his wife even after the completion of mediation and conciliation efforts, it could potentially complicate the situation further. In such cases, the wife may choose to pursue legal avenues available to her, such as filing for divorce or seeking a judicial separation. The court may take into account the husband's refusal to reconcile despite efforts made by both parties, which could influence the outcome of any legal proceedings. Ultimately, the decision to proceed with legal action would depend on the specific circumstances of the case and the wife's objectives regarding the future of the marriage.
If the husband refuses to communicate with his wife even after the completion of mediation and conciliation efforts, it could potentially complicate the situation further. In such cases, the wife may choose to pursue legal avenues available to her, such as filing for divorce or seeking a judicial separation. The court may take into account the husband's refusal to reconcile despite efforts made by both parties, which could influence the outcome of any legal proceedings. Ultimately, the decision to proceed with legal action would depend on the specific circumstances of the case and the wife's objectives regarding the future of the marriage.
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A.Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. The court shall pass a decree based on a settlement arrived at between the parties in mediation proceedings that implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy that could be used by the deserted spouse against the other. However, the execution of the decree of restitution of conjugal rights is very difficult. The court though is empowered to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any law. In that situation, the aggrieved party can file for divorce on the ground of the desertion i.e Section 13(1)(ib) only if a period of 2 years has elapsed from the date of desertion. You can also file a divorce on the ground of cruelty under Section 13(1)(ia) under the Hindu Marriage Act 1955, as desertion by your spouse can also amount to cruelty, both mental and emotional. When there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. The court shall pass a decree based on a settlement arrived at between the parties in mediation proceedings that implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy that could be used by the deserted spouse against the other. However, the execution of the decree of restitution of conjugal rights is very difficult. The court though is empowered to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any law. In that situation, the aggrieved party can file for divorce on the ground of the desertion i.e Section 13(1)(ib) only if a period of 2 years has elapsed from the date of desertion. You can also file a divorce on the ground of cruelty under Section 13(1)(ia) under the Hindu Marriage Act 1955, as desertion by your spouse can also amount to cruelty, both mental and emotional. When there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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