Child Custody
3 years ago
Hi, I have a nephew and he is 13 years old. His parents don't get along and even they don't take care of him. Since his birth, either me or my parents are taking care of him be it his school fees, his health overall his full upbringing. Now, his mother is staying her at her parent's home since last two month because she has no interest in staying with my brother but because of property, she is not even agreeing for divorce. In this case, I wanted to check if either grandparents or I can stand up for his custody. His parents are 9th passouts and they don't do much for living. On the other hand, my father is retired professional and I am an engineering and working with a reputated firm.
Thanks
A.Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
1. she can file any case as she likes
2. this RCR will dilute the seriousness of her cases
3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce
You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Dear Sir,
Better you file petition for Restitution conjugal right to avoid future complications. You may take the contentions that in spite of so many issues and difference between you, you are ready to take her back to the matrimonial house. If she file 498a thereafter then you can just apply anticipatory bail and you will definitely get it.
If you both are living separately and she refuses to come back to you, file for Restitution of Conjugal Rights.
Find a third party who can speak with her and arrange for a meeting
Last resort, send an email to her asking for a reconciliation
Dear Sir,
If you have filed application for RCR it indicates that your desire that you want to save your marriage and you want your to wife stay with you.
If inspite of court orders your wife refuses to stay with you then it shows that you are sincere in your effort to save your marriage.
The domestic violence and dowry cases filed by your wife would be more an after thought.
Inspite of court orders she refuses to stay with you, then you can file for divorce.
Dear Madam,
It is better to you file a restitution of conjugal right petition before the court. and also please refer the following: Restitution of Conjugal Rights - (Right to stay together) If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights. The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree. However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.
Dear Sir,
If the wife does not come to live with husband if RCR is ordered in favour of the husband , then the property of wife can be attached in execution of the Decree of RCR. It has been held by Hon’ble Rajasthan High Court in a case that If the decree for restitution of Conjugal Rights is not obeyed, the property of the opposite party can be attached in execution of the Decree of RCR
Dear Sir,
Yes during the pendency of the RCR, the Court can award maintenance to the wife. The benefits of RCR depends upon the facts of each case. In most cases, RCR has been reduced to a strategy to pressurise the other side into agreeing for a Divorce. Moreover, if RCR has been decreed in your favour but the wife does not join you, then you can seek attachment of her property.
Hi,
Yes you can file Petition for RCR, in the court where you and your resided after marriage. Also along-with your matter in the concerned court, the matter should be taken for mediation. RCR petition along-with mediation will help you more in convincing your wife to move back to her matrimonial home.
Also you have to make sure that she has no valid reason to be away from you.
Thanks.
Yes, you can certainly file a Petition for Restitution for Conjugal Rights to direct your wife to resume cohabitation with you.
However, please note - this is just a legal proceedings, and no court in India can actually physically compel your wife to stay with you against her will.
This petition will simply strengthen your claim at a later stage if you wish to file for divorce, and will show your bonafides.
Thanks.
Ask her parents and request her to come to you and if she does not agree then file a petition on the ground of restitution of conjugal rights through a local advocate.
Dear Sir,
You can file Restitution of Conjugal Rights under Se.9 of Hindu Marriage Act,1955. Once it is filed it is defense for you if she files any other case against you. If any FIR is issued then immediately get anticipatory bail from Sessions Court. In the meanwhile see that your deductions in the salary may be increased to avoid monthly maintenance to her.
Dear Sir,
First of all both of you husband and wife discuss about for mutual divorce. If she does not accept then you can file Restitution of Conjugal Rights under Se.9 of Hindu Marriage Act,1955. Once it is filed it is defense for you if she files any other case against you. According to Supreme court judgment, if conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
Regarding other issues, like property and others your wife has no right to claim any share in your property other than maintenance or alimony. About children maintenance as they are attained majority and have to prove that they are unable to earn their income before the court. If mutual divorce it will end up within 6 months. But in contested divorce it will take 1 or 2 years.
Possible reply for RCR from wife
Read more at: http://www.lawyersclubindia.com/forum/Possible-reply-for-RCR-from-wife-20704.asp
Mr. DLF
Though you have filed divorce petition against your wife, you must have very strong ground in your favour and it has to be properly established before the court of law, failing which you petition shall be dismissed. Wife's refusal to receive the summon has nothig to do with the merits of your case, nor you can get an ex-parte degree in absence of strong ground. Similarly you have to show proper & sufficient ground as to why RCR order shall not be passed against you owing to your wife's petition. Remember that wifes have an addded adventage in all divorce/RCR related issues.
Sujoy, I am not a legal expert but is facing RCR myself. I have talked to a few people for my case and am passing gist of knowledge in case it can be useful to you. First thing to decide is whethere you are ready to live with the lady or not. Based on the anwer of the question our approach will vary. Answer could be 1. No, don't want to live with her. 2. Want to live with her but with conditions. 3. Ready to live with her. Let me take each of the above and say how RCR response will look like In "1. No, don't want to live with her." there could be two approaches, - One you rebut the charges she has put in RCR put your additional charges from your side including false cases of DV and police complaint. As last point of your reposne you say that iyou have to undergo torture and harrashment while living with your wife for no fault of you. You also aprehend that the problem will continue going forward if you are forced to live with the lady. In the prayer you say that "FRom the above it becomes clear that living with the lady is undesirable and thus prayer for RCR should be rejected." - Two, this is slightly cunning approach designed to say that you were still ready to live the lady but lady does not agree to you some basic requirements. You will do reply exactly as you did above last few points will differ. In last few points you will say. i. Despite all acts of cruelty you still loves your family. ii. You feel that the reason for weird bahaviour of your wife is her physicatric issues, shorttempertdess, uncotroleed anger or similar other mental illness. and then you will plead something like this
Procedure when the wife not responding to the summons for RCR.
Hon'ble Court will follow its procedure in case she willfully abstains from receiving the summons. As far as your minor child is concerned you can file application under Guardians and wards act for seeking visiting rights etc as per your requirements. Alternatively you can approach mediation center for amicable resolution of your dispute.
It seems you are totally misguided
Though u are claiming to meet the child u have not filed any case for custody of child or visitation rights.
Furthermore Courts are not so powerless in case wife does not appear after process
It seems your own Advocate is not taking all the efforts for the needful
Yes u can meet ur child and even get his custody
o need to wait for yocchildld custody...
You may file custody petition for your child and you may also get visitation rights for your child...
And if your wife does not appear in your RCR petition then she will be proceed ex parte.
Section 9 petition is different and meant for restitution of your conjugal rights only and has nothing to do with the custody of your child.
For that you have to file custody petition before appropriate court, only then you may be able to have custody of your child or may be visiting rights, depends upon facts of your case.
In India, if an RCR petition goes on for more than 2 years, is it possible to file for divorce on the basis of desertion for 2 years?
You can file divorce. Desertion has to be proved as wilful desertion, not mere separation of spouses. Whether to withdraw RCR or not is your choice. The danger in not withdrawing is that if she comes back under RCR case (say as a compromise which you may not be able to refuse since you have filed RCR), then your desertion case will have to be withdrawn or may get dismissed, and RCR case will also be over since wife is back. So if she leaves again, then your desertion time clock starts from 0 once again.
The benefit in not withdrawing is that if you are sure wife is not going to come back, then you can ask the court to let the RCR case run and since it was filed first, it may get to a closure before the desertion based divorce case, in which case if wife doesn’t indeed come back after an year of decree, you can get divorce based on failure of wife to follow RCR. In real life, filing RCR is retaliated strongly by wife party by way of one or multiple cases.
I’m not a lawyer.
Yes you can file for divorce. But it looks weird to fight both the cases.
On one hand you are asking for restitution of conjugal rights, and in the other, divorce.
So, make up your mind. Restitution of conjugal rights is a useless thing to apply for because you cannot force someone to live with you against their will. Even if on paper you win the RCR petition, it's an empty order because you cannot enforce the same (technically you can, but what's the point).
So, it's better to withdraw the RCR petition and this for divorce. You can file the same on any grounds from desertion to cruelty depending upon the facts of your case.
Application for Race and divorce are inconsistent applications.
You cannot ask for alternate remedy of divorce when you are demanding RCR.
You must understand both the concepts in order to file such case:
1. RCR is a concept for reunion of separately living partners. It is a concept which is diametrically opposite to divorce. In divorce you demand separation, while in Rcr you seek reunion.
2. In case when you are demanding reunion, how can we ask for separation. It becomes little wierd.
Now coming your case, even after court's order for RCR if the husband and wife lives separately for 1 year, then it becomes a ground for divorce.
So it's better to withdraw RCR petition and make dessertion a ground for divorce application. It is highly recommended not to ask for an alternative divorce plea in the same RCR petition. ( Both are inconsistent pleas)
Yes, is pending , you can file a petition for divorce on the ground of desertion and it will be a strong ground in your divorce case, if a petition for Restitution of Conjugal Rights.
Where can a husband file aHindu Marriage Act Section 9 RCR?
Filing RCR (Restitution of Conjugal Rights) can be done by any run-of-the-mill Advocate who practices Family Law in India. Under Section 9 of Hindu Marriage Act, the Lawyer will basically prepare a petition mentioning facts of your case, Cause of Action and the relief that is sought from Hon’ble court. The relief being, requesting the court to direct the wife to resume conjugal duties. Your advocate has to pay some nominal application process fee in the Family Court Administrative office to get this admitted and numbered as an F.C.O.P (Family Court Petition). Any advocate will (gleefully?) do this. I will explain why i chose the word “Gleefully” later in this answer.
Alternatively, You can also file an RCR on your own i.e. as Party-in-Person without hiring an advocate. But this requires knowledge about Family law, Indian Evidence act..etc, some level of exposure to the Indian Legal system and an ability to navigate the maze of procedures that accompany with it.
I hope i answered your question.
But though you didn’t ask (if you will excuse me), i wish to add some of my perspective about the flow, aftermath and consequences that usually accompanies an RCR. Usually, an RCR case will proceed like this:
1. After submitting the RCR application in court, Wife will receive a summons notice from Court (along with a copy of your petition) asking her to appear before Hon’ble Judge of so and so court on X date. X date will be typically 3 months after husband has filed the petition.
2. On that X date, if both parties (Husband and Wife) appear before the Judge, Judge will usually order both parties to be sent to Mediation/Counselling. Mediation date will be two to three weeks after X date.
3. On the day of Mediation, Husband and Wife has to appear before the marriage counselor (typically it will be woman Jr. advocate who has either volunteered for the job or been assigned. At least in my experience, i didn’t see professional marriage counselors doing this job)
4. Both parties will be given a chance to present their version of facts and the counselor will try to understand where does the problem lie. Usually, Mediation will happen for two to three dates (a gap of 2 to 3 weeks between each date) and will last for 30–40 mins on each date.
5. In the end, the counselor will advise to compromise (either take back wife or go for a mutually consented divorce). If either of parties refuse, counselor will simply forward the application back to court saying “Mediation has Failed”. Counselor will inform both parties on which date to attend the court.
6. Once the application is back to court, Respondent (Wife, in this context) will be asked to submit a response (called as counter) to the Husband’s application.
7. After Wife files the counter, the Hon’ble Judge will try to dispose off any interim applications like Maintenance, child visitation..etc before proceeding with the trial. To determine these, Judge will simply hear ORAL arguments from both sides and pass an Interim order. JUST ORAL ARGUMENTS. No proofs are required to be furnished at this stage. If you are religious, pray to Lord Ganesha that Judge is in a Good Mood that day :-). HUSBAND HAS TO PAY MAINTENANCE TO WIFE TILL THE PENDENCY OF TRIAL, NO MATTER WHOSE FAULT IT IS !!!! :-)
8. Husband has to note that, irrespective of who is at fault, Wife will get a decent maintenance awarded to her till the pendency of the trial. If the case goes on for 3 years, Husband has to pay those 3 years :-) . If it is 6 years, he has to pay 6 years :-) . Interim (or Interlocutory) orders are not appealable before HIGHER courts (unless explicitly specified) and Husband has to usually suck it up and live with it. Normally, Advocates will entice the Husband to file a WRIT petition blah blah but it is a 50–50 chance that the Hon’ble HIGH courts entertain such a petition. At this stage, the advocate will say “Well, there is always Supreme Court to appeal to . My fees are X lakhs to file the case and X lakhs as expenses to appear for a single hearing. Oh, by the way, you need to book my Flight and Hotel stay in Delhi. That is not part of my expenses” :-). Good luck with shelling out three to four lakhs in litigation expenses and praying for a miracle to happen. At this stage, Husband will feel like grabbing Wife’s feet and praying her to let him go :-) . YOUR SUFFERING HAS JUST BEGUN :-)
9. Usually, it takes nine months to one year for points 6 and 7 to complete.
10. Post point 7, Husband has to file a Chief Examination Affidavit producing the evidence that Wife has left him. Documents will be marked in Court infront of Judge in open court.
11. Cross examination Starts :-) . Since Husband is the petitioner, he will be examined first by Wife’s lawyer. Once his cross examination is complete as Principal Witness 1 (PW1), others will follow. Usually, Husband’s Mother, Father, relatives, etc who are named as Witnesses.
12. Post 11, Cross examination of wife will start. Same like Husband, Wife’s parents/relatives will be examined too if they are named as witnesses.
13. Cross examination of all parties is completed. Now , it is FINAL Arguments time :-). It usually takes more than one to two years to cover 10, 11 and 12.
14. In FINAL Arguments, both parties represent their version of facts, cite any relevant judgements, and ultimately pray for relief from the Judge. Since this is RCR, Husband prays the court to direct wife to join him for restoring marital wife. Wife will pray court NOT to direct her to join the Husband for marital life :-)
15. Hon’ble Judge passes an order after few days.
16. Lets assume the Hon’ble Judge has ruled in Husband’s favor i.e. directing the wife to Join the Husband in Marital Life. Husband now has to wait for a period of ONE MORE YEAR for wife to join him before he can approach Hon’ble court to enforce the decree. By enforcing, i don’t mean the court will force your wife will join you. It might levy a mild penalty and order Divorce decree in your favor. Please note that there be petitions, counter petitions, arguments..etc etc in this stage as well :-)
17. AND THEN the wife and Husband lived happily ever after (together or separately) :-)
To Summarize,
• RCR is a toothless paper tiger which of no use to ANY party. It will only serve to waste the Courts time, Husband’s time/money.
• Most often, Husbands will be hit with a full BLAST of criminal casesfrom the Wife’s side like: Dowry harassment, Rape case on Husband’s Father/Brother, Domestic Violence, CrPc 125 . I will not repeat what this will all entail for the husband. There is already a ton of material on the internet authored by Men Rights Activists (MRAs) and victim husbands. Just google “Misuse of 498a, DV acts”. Happy Reading :-)
o Why Indian men should be very careful in filing divorce - Men Rights India by Vivek Deveshwar
o Understanding the divorce industry in India - Men Rights India by Vivek Deveshwar
o Why not to file the restitution of conjugal rights? by Shonee Kapoor
• Husband will realize in a hard way how MISANDRIC indian society has become and why he has not heard about the biased Feminist laws in the main stream media before. He will feel so helpless when he learns about the apathy of Indian Govt, Judiciary towards the plight of Indian male and the indifference shown to the thousands of Indian men committing suicide due to the Misandrist laws.
• Husband will learn how his word has little value in lower courts and he is always considered an AGGRESSOR irrespective of him being the victim of false cases, losing his child, losing major portion of income to alimony/maintenance/advocate fees..etc. Only strong willed persons can bear the brunt of this and become ACTIVISTS to reform the society of the biased laws. Irony is, no one will believe these activists unless they face the music themselves :-)
• Advocate’s pockets will be filled so fast that you have to buy an atomic clock to accurately track the speed :-). I used the word “Gleefully” at the beginning of this answer. Husband will be introduced to the beautifully maintained Divorce Industry of India and you will marvel at how far they have perfected this system to milk the Husband of his money in a million ways.
• Advocates who are corrupt will know exactly how the other party will react if Husband takes a particular step. They deliberately steer the husband in such a direction that he gets entangled in further legal/police mess so that they pockets can keep overflowing :-). If you have seen vampire movies, Vampire will never suck till the last drop of blood but it stops at the last minute. Like wise, Husbands are not sucked till death but left just alive to face the next case and pay the advocate :-) . To all honest advocates out there, i am sorry for saying such things but you know in your hearts that what i say is true
• Husband will again wonder, why NO ONE reported this in the main stream media. Why are women repeatedly projected as SOLE victims where as there is a huge chunk of husband families languishing in jail, courts for years? Why is a young, healthy Wife given more importance than a Senior citizen? Just because that senior citizen is husband’s father/mother? Is there something bigger and insidious at play here? he wonders. Is it a corrupt greed for money that is driving this? Or is it an ideology? or is it society’s ignorance to changing times? Or Is this a syndicate ring operation with many players oiling the wheels? An average husband will never know. The LIBERAL media will not investigate this for a VERY LONG time because MAN is the aggressor and suspect where as WOMAN is the victim. And LIBERALS are always on the side of victims :-)
• Husband will be dismayed in search of an honest advocate who will not collude with the wife’s party, who doesn’t constantly discourage him to fight the case, who asks him to compromise for 50 lakhs or 1 crore..etc. Recently, my neighbor settled his case for 70 lakhs after his mother died due to harassment from false cases. Want to know how that money was shared? :-) 30 lakhs went to wife, 20 lakhs each for respective advocates :-)
• Corrupt Advocates discourage husbands in multiple ways: Absconding from court dates at last minute, staying silent when judge/other side is shredding the husband to pieces, deliberately arguing weakly, sending junior most rookies to stand as replacement, secretly negotiating with other side and passing information on how much a husband can pay and squeezed. They even chalk out a strategy sitting in a bar :-). I am not saying all advocates are corrupt. By the law of statistics, There must be definitely many honest ones operating with integrity. Their numbers are reducing day by day :-( . I have had one very senior HIGH court lawyer tell my father (when my father asked him to recommend a lower court lawyer to fight my case) that “I honestly can’t recommend a specific lawyer because i don’t know anyone that doesn’t collude with other party with a 100% certainty”. :-( He was my father’s friend for 30 years and can afford to be honest .
• After all this ordeal, Husband will realize how low people can sink to oil the wheels of this industry and become rich (Please note, i am using the word “Rich” and not “make a living”, there is a difference)
To Genuine Feminists/Liberals/Ideologues: If anyone doesn’t believe this answer or think it is biased or factually incorrect, Before reporting this answer to QUORA moderation or down voting the same, i invite you to verify this for yourselves.
1. Go to your local/district Court complex in your city. Ask where the Family Court hall is located.
2. These court halls are open to public. So, please feel free to go inside and take a seat as close to the Judge as possible. Be there by 10 AM so that you will get a good view :-) and from where you can hear the Judge. Cases will be called starting from 10:30 AM
3. Normally, Maintenance cases will be called first. Just watch how Men will be treated, shouted down, threatened with arrest, arrested on the spot by a police constable on duty for failing to pay the maintenance. In most of the cases, wife will be arrogant, well fed, well dressed(with Gold) and not appear to be suffering in any way. You will wonder “Are men only suitable as ATM machine for the wife? Else he can be arrested? Life ruined?”
4. You will see the over enthusiasm of Judges in enforcing maintenance orders. I saw judges go to great depths in even writing search warrants on husbands to police commissionerates 500 miles away for a default of maintenance amount Rs.70,000 :-). But, the same judge will not write a single alphabet for husband if wife defaults on visitation orders and denies the husband of his child for years all together. Ya, of course, i forgot that WIFE cant be wrong at all. That is like doubting GOD himself :-) Even GODs can be put to TEST but not WIVES :-) I have seen a Judge pondering about issuing a Red corner notice for missing maintenance payments and finally decided against it as it is not in his purview :-). Many times, you will pinch yourself to check whether you are in a court hall that ensures justice or a money collection center for wives :-)
5. If you are lucky, you can hear the Judge openly say in court “When you didnt pay your maintenance, why should i allow you visitation to your child?” and deny visitation to the Father. You will wonder about the supreme court judgements which say visitation is a fundamental right to the Father. You will be surprised at how openly this is flouted in lower courts.
6. You will see Husband (and his lawyers) being shouted down frequently, not given a fair chance to argue their facts..etc. You will notice due process of law works 100% only when you are the wife. As a result, i have seen many advocates openly refuse to represent on behalf of husband. It is easier to represent wife and win. Husband often has to plead an advocate to take his case and promise two to four times the payment than that of a Wife’s case.
7. You will see facts hardly matter when wife alleges something. Wife’s word is a gospel never to be questioned. Husband is always the aggressor and should be squeezed till he becomes a living corpse. Orders almost always are in favor of the Wife.
8. You will see 70+ year old “cruel” in-laws languishing in the halls pleading advocates and judges when an affluent wife/her parents smugly smile and enjoy the show. Come back to this answer and tell me if your blood didn’t boil at that.
9. Judges will hardly bat an eye when Husband cries in open court saying “My wife has lodged a false rape case against my father, Dowry cases on me, Theft on my brother. All of us went to Jail because of her and i lost my job becuase of all this. Now, you have ordered such a hefty maintenance, how can i pay your honour? Kindly reduce the amount”. A Police constable will be called on the spot, given an arrest warrant and asked to jail the man for 30 days. Where as Wife so much as complains that there are arrears pending, Judges will wear the white Knight hats and start saving the damsels in distress.
10. You can also visit the Criminal courts in the same complex and wait for “Dowry harassment” husbands to be called in aka IPC 498a victims. See how they are played around :-)
I understand only 20% of this answer is relevant to the question and the rest describes the aftermath/consequences to the husband. I felt i had the civic duty to warn all those innocent husbands who file RCRs/Divorce unaware of the aftermath/consequences waiting for them.
What will happen to maintenance case filed by wife if husband withdraws his Divorce case ?
You question is pretty vague or maybe the choice of words is not right.
Anyways, what I have understood your question to be is:
What will happen to the maintenance application of the wife if the husband withdraws his Divorce case?
Answer: The maintenance application of the wife in that Divorce case will also go away. The alternate remedy available to the wife is to file a Petition under Section 125 of the Criminal Procedure Code for grant of maintenance.
Case for maintenance and divorce are completely separated and do not have any impact of the outcome in one case on another.
Wife has the right to seek maintenance even when she is residing under the same roof with husband. Therefore, withdrawal of divorce case by husband will not have any adverse impact upon the maintenance case pending between the parties.
For any help in this regard feel free to reach us at Fortunelegal - Legal Advice, Criminal Law, Business Law or call us at +91-8054444639.
The maintenance case continues independent of withdrawal of divorce case. Any case has to be withdrawn by the person who filed it. Try to communicate with your wife, find out whether she is willing to continue the matrimonial relationship with you. If she does not want to spend her live with you, both of you can file petition for mutual consent divorce. Even after mutual content divorce, maintenance has to paid by you to your wife.
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You file RCR, means do you think court can make your husband cohabit with you? No. If the other person is so very adamant, no court, no law cannot do anything to make husband and wife unite. IF wife has filed 498a and DV etc on husband, divorce case will not get dismissed. It should be proved that husband has asked dowry etc done domestic violence etc or/ he has not done anything, all this has to be proved in the court of law, upon which further proceedings in family court about divorce. On the one hand wife files RCR that she wants to cohabit with husband, other hand she puts 498a DV case etc on husband, it does not make any sense, either you should tell I LOVE YOU AND FILE RCR ASKING HIM TO ACCEPT YOU BACK ETC or you should tell YOU ARE BAD YOU ARE EVIL AND I DONT WANT YOU BACK IN MY LIFE EVER AGAIN AND FILE 498A DV CASE ETC. even if it is proved that husband is evil via dv and 498a I dont think there is any point in continuing with the relationship. its better to part ways than to keep filing cases and roaming to court and polis stations.
Restitution of Conjugal Rights in Hindu Marriage Act
If your spouse has left you without giving any reasonable ground, the Hindu Marriage Act 1955 gives you remedy in the form of Section 9 under the restitution of conjugal rights. The section 9 of the HMA reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights.
What the aggrieved party needs to do is file a petition to the district court and on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, the judge may decree restitution of conjugal rights in his favor.
Three essential conditions for Section 9 of HMA
Firstly, one party must have withdrawn from the society of the other; secondly, the withdrawal must be without any reasonable reason, and thirdly, the aggrieved party applies for the restitution of conjugal rights. Once these conditions are fulfilled, the district court may decree of restitution of conjugal rights to bring about cohabitation between the estranged parties.
If the aggrieved party is unable to convince the district court and it founds that the petitioner is guilty then the decree of restitution of conjugal rights is not granted. An added advantage from this is that if the parties are not following the decree for cohabitation after the passing of the decree, continuously for one year, it becomes a ground for divorce under Section 13.
Reasonable grounds on which petition for Restitution of Conjugal Rights can be rejected
First, if the respondent has a ground on which he or she can claim any matrimonial relief;
Second, if the petitioner is guilty of any matrimonial misconduct;
Third, if the petitioner is guilty of such act, omission or conduct which makes it impossible for the respondent to live with him; for instance, husband’s neglect of his wife or the constant demand for dowry, etc. are some reasonable ground for wife not to join the company of her husband.
Burden of proof under Section 9 of the HMA
Burden of proof operates at two levels. Firstly, burden of proof is on the aggrieved/petitioner who needs to prove that the respondent has withdrawn from his society. Once that burden is discharged by the petitioner, it falls on the respondent to prove that there exists a reasonable excuse for the withdrawal.
Can RCR be converted to divorce?
yes RCR can be converted in to divorce. no RCR itself can be converted in divorce. No, RCR can\'t be converted into divorce. In your case, the court most probably allow your petition and deliver the judgment in your favor if you can establish that your wife has no reason to live separately. In the maintenance case. Feb 6, 2013
Can wife file restitution of conjugal rights?
Yes; the wife can claim maintenance under Section 25 of Hindu Marriage Act. ... The aid of Restitution of Conjugal Rights necessities both marriage parties to live together and cohabit.
What are my conjugal rights?
the sexual rights or privileges implied by and involved in the marriage relationship : the right of sexual intercourse between husband and wife. conjugal rights.
WHEN CAN husband file for divorce?
Cruelty ground is not sufficient, if your wife is ready for divorce then you both file the mutual consent divorce in the concerned court for early divorce ( in between 6 to 8months) if file the cruelty ground then the case shall be run for 3 to 5 yrs.
Can husband file for divorce on grounds of cruelty against wife
Yes you can do so under section 13 1 (a) of the Hindu Marriage Act . Cruelty is the most common ground for seeking divorce amongst others . You need to prove it during trial at the time of evidence . It's mostly verbal allegation but can be supported through medical documents if any .
Cruelty ground is not sufficient, if your wife is ready for divorce then you both file the mutual consent divorce in the concerned court for early divorce ( in between 6 to 8 months) if file the cruelty ground then the case shall be run for 3 to 5 yrs.
What is RCR?
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a compitant court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Suppose one who filed RCR and after getting the summon from court, his wife filed 498a against him. So can it void the chance of arresting him or his family members mentioned in wife’s complain?
No; both are seperate;
If not , then what is the application of RCR and condition, based on it RCR can be filed?
RCR, is a great law; the purpose is to compale the respondent to resume his/her matrimonial duties. If he/she does not; then decree of divorce will be sanctioned. HMA,sec9 quoted bellow:
“9. Restitution of cojugal right.
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly
Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.”
(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
In a RCR Do not mention any allegations or facts that instigate your wife to counter it with another bunch of allegations!!
Contents : Keep it short-sweet and simple, basic history of how the marriage took place, where when and how it took place, here you guys lived, any kids, how you cared for her and the kids if any, how you spent and sacrificed for her, how much you love her (note – not loved her) and then for reasons unknown atleast to you she deserted you, when she desterted you and you have been trying to convince her, her folks, involved your folks, relatives and common friends to sort out and still no use and so you seek the courts permission to help you reconsile with your wife!!
Intentions :
Letting the court and her know you still love her (weather or not is not your botheration)
Letting the court officially know the date of your seperation/desrtion
Getting your wife into the court with hopes to reconcile and no grudge that would lead to counters, basically we do not want her to be coming to the court and spinning any yarns of dowry demands or violence or harassment. And when she appears and she too would be filing her objections and if those objections do not have the mention of dowry or violence or harassment – have you not got the legal proof of your innocence?
Proving to the court she deserted and so she is the reason for the breakup
Note :
In or during RCR do not put allegations in written, whatever you want to blast blast verbally but end of it tell that though all these happened you still love her soo very much and cannot think of living without her and that you will forget everything and you could start from the scratch with her
Like one of the seniors once adviced me – keep the RCR as a Sales Deal which was being pushed by your chacha, mama. kakas that you do not want to close but at the same time do not want to hurt the intentions of these chacha, mama, kakas – so during RCR keep your wife and folks in good humour and be sure you are in control.
Now if we are successful in getting our wives to the courts and filing objections and making statements the way we want – have we not got what we want?
By mentioning even one allegation you would be creating bad blood that would instigate them to file 498 and the heap load of other cases. Keep the allegations part pending until the evidence and cross examination time.
What are the advantages of filing RCR?
Filing RCR produces a legal document that you both are staying separately.
Gives an advantage to you in case you are looking for anticipatory bail for 498a.
Legally proving to the court that she and only she was the cause of the marriage breaking by deserting you and not you!!
You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.
It proves the wife has not looked into the benefit of the child by deserting and breaking the family for her whims and fancies.
The above point will in turn give you advantage in child custody.
What are the disadvantages of filing RCR?
It increases the risk of false 498a against you.
What is charge sheet?
The Investigating Officer is only required to collect material to find out whether the offence alleged appears to have been committed. In the course of the investigation, he may examine the accused. He may seek his clarification and if necessary he may cross check with him about his known sources of income and assets possessed by him. Indeed, fair investigation requires that the accused should not be kept in darkness. He should be taken into confidence if he is willing to cooperate. But to state that after collection of all material the Investigating Officer must give a opportunity to the accused and call upon him to account for the excess of the assets over the known sources of income and then decide whether the accounting is satisfactory or not, would be elevating the Investigating Officer is not holding and enquiry against the conduct of the public servant or determining the disputed issues regarding the disproportionality between the assets and the income of the accused. He just collects material from all sides and prepares a report, which he files in the court as charge-sheet.
The charge-sheet is nothing but a final report of police officer under Section 173(2) of the Cr.P.C. The statutory requirement of the report under Section 173(2) would be complied with of the various details prescribed therein are included in the report. This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigation Officer has been able to procure sufficient evidence for the court to inquire into the offence and the necessary information is being sent to the court. In fact, the report under Section 173(2), purports to be an opinion of the Investigating Officer that as far as he is concerned he has been able to procure sufficient material for the trial of the accused by the Court. The report is complete if it is accompanied with all the documents and statements of witnesses required by Section 175(5). Nothing more need be stated in the report of the Investigating Officer. It is also not necessary that all the details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case by adducing acceptable evidence
Dear Client,
Your wife is unwilling to stay with you and wants to abandon you. Then why do you go to a place you are an unwanted person. Then try to depart from there where there is no love and affection towards you. Resolve the issue by taking the help of marriage elders and mediators, well wishers and parents of both sides. If she does not want to stay with you then separate judicially by filing a petition for divorce. Take necessary legal help by engaging and expert advocate who has practice in family matters.
Hi
You should file a suit for Restitution of conjugal rights under section 9 of Hindu marriage act (assuming you are a hindu) and ask your wife to join you in your matrimonial home at Hyderabad.
Before filing for Restitution of conjugal rights, it is advisable to convene a meeting of elders so as to resolve any maternity related issues that might be the reason for your wife to stay in her parent's place. So trivial reasons if any stated by your wife can get resolved by meeting of elders failing which Restitution petition might help.
The aggrieved party files for a petition in the district court where the aggrieved party and his/her spouse resided after commencing their matrimonial relation. The judge after listening to both the sides and on being satisfied by the truth of the statements made in the petition decides and grants a decree of restitution.
In the detailed procedure, the following steps are followed:-
The aggrieved party files a RCR petition in the district court. This petition can be transferred by an application in the High Court or the Supreme Court.
Copy of the petition is sent to the respondent with a hearing date from the district court.
The Court requires both parties to be present on the hearing date in front of the Hon’ble judge.
If both the parties are not available then another date is given.
After this the court sends the party for court counselling.
The Court counselling is done mainly by family courts and usually goes for 3 to 4 times. This might take 4 months approximately.
Based on the counselling and the statements made and keeping in view the conduct of the parties the judge finally grants the decree.
Dear within the state , high court has power to transfer the case, outside the state only supreme court has the power, if you have her proof of Ludhiana, then is very difficult for her to get the transfer specially section 9 case. For details contact me..
Dear Chetan ji, Your most of the steps are taken in a right direction but are only half done. 1) It seems that your sister is residing with you or her marriage has been solemnised at Bengluru so that’s why you people have filed a RCR case there at Bengluru. 2) It will be more better if you apply in Supreme Court of India vide a transfer Petition to get transfer the case to Bengluru as the girl is staying at Bengluru with her brothers. For that you can have my help at Delhi. 3) RCR case will not have any power to get dismissed the Divorce case, both are parallel cases and will go separately. Even if you win the RCR case and husband is not in mood to reside with his wife you cannot force it or can tke the non obayence of the judgement as contempt of court. 4) For that you have to move a application in the competent court to direct the service provider to submit call data of the particular number. which is given in only special circumstances where whether there is a direct threat of life by the possessee of the particular phone number or Court itself take the cognizance of taking the record of the phone number. 5) i) As without knowing full facts of the, we do not recommend any suggestion in any case however you can move a police complaint under 498A, 406 and 34 against the husband and his other family members who are resided in a domestic house of wife in past. ii) But I would suggest to go for the mediation and counselling process for both the persons first independently and then mutually and by that try to resolve all the differences and re start their fresh life once again. For further legal assistance you can send me a PM (Personal Message) through this site. Advise; always take assistance from an experienced and well educated Advocate of the field. You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more . Please visit www.anandbaliandassociates.com With Regards !! Anand Bali, Adv. (B.Com., M.A., LL.B., M.B.A.) Supreme Court Of India,
You file RCR, means do you think court can make your husband cohabit with you? No. If the other person is so very adamant, no court, no law cannot do anything to make husband and wife unite. IF wife has filed 498a and DV etc on husband, divorce case will not get dismissed. It should be proved that husband has asked dowry etc done domestic violence etc or/ he has not done anything, all this has to be proved in the court of law, upon which further proceedings in family court about divorce. On the one hand wife files RCR that she wants to cohabit with husband, other hand she puts 498a DV case etc on husband, it does not make any sense, either you should tell I LOVE YOU AND FILE RCR ASKING HIM TO ACCEPT YOU BACK ETC or you should tell YOU ARE BAD YOU ARE EVIL AND I DONT WANT YOU BACK IN MY LIFE EVER AGAIN AND FILE 498A DV CASE ETC. even if it is proved that husband is evil via dv and 498a I dont think there is any point in continuing with the relationship. its better to part ways than to keep filing cases and roaming to court and polis stations.
If my answer is helpful to you then please give my FIVE STAR
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
1. she can file any case as she likes
2. this RCR will dilute the seriousness of her cases
3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce
You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Dear Sir,
Better you file petition for Restitution conjugal right to avoid future complications. You may take the contentions that in spite of so many issues and difference between you, you are ready to take her back to the matrimonial house. If she file 498a thereafter then you can just apply anticipatory bail and you will definitely get it.
If you both are living separately and she refuses to come back to you, file for Restitution of Conjugal Rights.
Find a third party who can speak with her and arrange for a meeting
Last resort, send an email to her asking for a reconciliation
Dear Sir,
If you have filed application for RCR it indicates that your desire that you want to save your marriage and you want your to wife stay with you.
If inspite of court orders your wife refuses to stay with you then it shows that you are sincere in your effort to save your marriage.
The domestic violence and dowry cases filed by your wife would be more an after thought.
Inspite of court orders she refuses to stay with you, then you can file for divorce.
Dear Madam,
It is better to you file a restitution of conjugal right petition before the court. and also please refer the following: Restitution of Conjugal Rights - (Right to stay together) If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights. The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree. However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.
Dear Sir,
If the wife does not come to live with husband if RCR is ordered in favour of the husband , then the property of wife can be attached in execution of the Decree of RCR. It has been held by Hon’ble Rajasthan High Court in a case that If the decree for restitution of Conjugal Rights is not obeyed, the property of the opposite party can be attached in execution of the Decree of RCR
Dear Sir,
Yes during the pendency of the RCR, the Court can award maintenance to the wife. The benefits of RCR depends upon the facts of each case. In most cases, RCR has been reduced to a strategy to pressurise the other side into agreeing for a Divorce. Moreover, if RCR has been decreed in your favour but the wife does not join you, then you can seek attachment of her property.
Hi,
Yes you can file Petition for RCR, in the court where you and your resided after marriage. Also along-with your matter in the concerned court, the matter should be taken for mediation. RCR petition along-with mediation will help you more in convincing your wife to move back to her matrimonial home.
Also you have to make sure that she has no valid reason to be away from you.
Thanks.
Yes, you can certainly file a Petition for Restitution for Conjugal Rights to direct your wife to resume cohabitation with you.
However, please note - this is just a legal proceedings, and no court in India can actually physically compel your wife to stay with you against her will.
This petition will simply strengthen your claim at a later stage if you wish to file for divorce, and will show your bonafides.
Thanks.
Ask her parents and request her to come to you and if she does not agree then file a petition on the ground of restitution of conjugal rights through a local advocate.
Dear Sir,
You can file Restitution of Conjugal Rights under Se.9 of Hindu Marriage Act,1955. Once it is filed it is defense for you if she files any other case against you. If any FIR is issued then immediately get anticipatory bail from Sessions Court. In the meanwhile see that your deductions in the salary may be increased to avoid monthly maintenance to her.
Dear Sir,
First of all both of you husband and wife discuss about for mutual divorce. If she does not accept then you can file Restitution of Conjugal Rights under Se.9 of Hindu Marriage Act,1955. Once it is filed it is defense for you if she files any other case against you. According to Supreme court judgment, if conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
Regarding other issues, like property and others your wife has no right to claim any share in your property other than maintenance or alimony. About children maintenance as they are attained majority and have to prove that they are unable to earn their income before the court. If mutual divorce it will end up within 6 months. But in contested divorce it will take 1 or 2 years.
Possible reply for RCR from wife
Read more at: http://www.lawyersclubindia.com/forum/Possible-reply-for-RCR-from-wife-20704.asp
Mr. DLF
Though you have filed divorce petition against your wife, you must have very strong ground in your favour and it has to be properly established before the court of law, failing which you petition shall be dismissed. Wife's refusal to receive the summon has nothig to do with the merits of your case, nor you can get an ex-parte degree in absence of strong ground. Similarly you have to show proper & sufficient ground as to why RCR order shall not be passed against you owing to your wife's petition. Remember that wifes have an addded adventage in all divorce/RCR related issues.
Sujoy, I am not a legal expert but is facing RCR myself. I have talked to a few people for my case and am passing gist of knowledge in case it can be useful to you. First thing to decide is whethere you are ready to live with the lady or not. Based on the anwer of the question our approach will vary. Answer could be 1. No, don't want to live with her. 2. Want to live with her but with conditions. 3. Ready to live with her. Let me take each of the above and say how RCR response will look like In "1. No, don't want to live with her." there could be two approaches, - One you rebut the charges she has put in RCR put your additional charges from your side including false cases of DV and police complaint. As last point of your reposne you say that iyou have to undergo torture and harrashment while living with your wife for no fault of you. You also aprehend that the problem will continue going forward if you are forced to live with the lady. In the prayer you say that "FRom the above it becomes clear that living with the lady is undesirable and thus prayer for RCR should be rejected." - Two, this is slightly cunning approach designed to say that you were still ready to live the lady but lady does not agree to you some basic requirements. You will do reply exactly as you did above last few points will differ. In last few points you will say. i. Despite all acts of cruelty you still loves your family. ii. You feel that the reason for weird bahaviour of your wife is her physicatric issues, shorttempertdess, uncotroleed anger or similar other mental illness. and then you will plead something like this
Procedure when the wife not responding to the summons for RCR.
Hon'ble Court will follow its procedure in case she willfully abstains from receiving the summons. As far as your minor child is concerned you can file application under Guardians and wards act for seeking visiting rights etc as per your requirements. Alternatively you can approach mediation center for amicable resolution of your dispute.
It seems you are totally misguided
Though u are claiming to meet the child u have not filed any case for custody of child or visitation rights.
Furthermore Courts are not so powerless in case wife does not appear after process
It seems your own Advocate is not taking all the efforts for the needful
Yes u can meet ur child and even get his custody
o need to wait for yocchildld custody...
You may file custody petition for your child and you may also get visitation rights for your child...
And if your wife does not appear in your RCR petition then she will be proceed ex parte.
Section 9 petition is different and meant for restitution of your conjugal rights only and has nothing to do with the custody of your child.
For that you have to file custody petition before appropriate court, only then you may be able to have custody of your child or may be visiting rights, depends upon facts of your case.
In India, if an RCR petition goes on for more than 2 years, is it possible to file for divorce on the basis of desertion for 2 years?
You can file divorce. Desertion has to be proved as wilful desertion, not mere separation of spouses. Whether to withdraw RCR or not is your choice. The danger in not withdrawing is that if she comes back under RCR case (say as a compromise which you may not be able to refuse since you have filed RCR), then your desertion case will have to be withdrawn or may get dismissed, and RCR case will also be over since wife is back. So if she leaves again, then your desertion time clock starts from 0 once again.
The benefit in not withdrawing is that if you are sure wife is not going to come back, then you can ask the court to let the RCR case run and since it was filed first, it may get to a closure before the desertion based divorce case, in which case if wife doesn’t indeed come back after an year of decree, you can get divorce based on failure of wife to follow RCR. In real life, filing RCR is retaliated strongly by wife party by way of one or multiple cases.
I’m not a lawyer.
Yes you can file for divorce. But it looks weird to fight both the cases.
On one hand you are asking for restitution of conjugal rights, and in the other, divorce.
So, make up your mind. Restitution of conjugal rights is a useless thing to apply for because you cannot force someone to live with you against their will. Even if on paper you win the RCR petition, it's an empty order because you cannot enforce the same (technically you can, but what's the point).
So, it's better to withdraw the RCR petition and this for divorce. You can file the same on any grounds from desertion to cruelty depending upon the facts of your case.
Application for Race and divorce are inconsistent applications.
You cannot ask for alternate remedy of divorce when you are demanding RCR.
You must understand both the concepts in order to file such case:
1. RCR is a concept for reunion of separately living partners. It is a concept which is diametrically opposite to divorce. In divorce you demand separation, while in Rcr you seek reunion.
2. In case when you are demanding reunion, how can we ask for separation. It becomes little wierd.
Now coming your case, even after court's order for RCR if the husband and wife lives separately for 1 year, then it becomes a ground for divorce.
So it's better to withdraw RCR petition and make dessertion a ground for divorce application. It is highly recommended not to ask for an alternative divorce plea in the same RCR petition. ( Both are inconsistent pleas)
Yes, is pending , you can file a petition for divorce on the ground of desertion and it will be a strong ground in your divorce case, if a petition for Restitution of Conjugal Rights.
Where can a husband file aHindu Marriage Act Section 9 RCR?
Filing RCR (Restitution of Conjugal Rights) can be done by any run-of-the-mill Advocate who practices Family Law in India. Under Section 9 of Hindu Marriage Act, the Lawyer will basically prepare a petition mentioning facts of your case, Cause of Action and the relief that is sought from Hon’ble court. The relief being, requesting the court to direct the wife to resume conjugal duties. Your advocate has to pay some nominal application process fee in the Family Court Administrative office to get this admitted and numbered as an F.C.O.P (Family Court Petition). Any advocate will (gleefully?) do this. I will explain why i chose the word “Gleefully” later in this answer.
Alternatively, You can also file an RCR on your own i.e. as Party-in-Person without hiring an advocate. But this requires knowledge about Family law, Indian Evidence act..etc, some level of exposure to the Indian Legal system and an ability to navigate the maze of procedures that accompany with it.
I hope i answered your question.
But though you didn’t ask (if you will excuse me), i wish to add some of my perspective about the flow, aftermath and consequences that usually accompanies an RCR. Usually, an RCR case will proceed like this:
1. After submitting the RCR application in court, Wife will receive a summons notice from Court (along with a copy of your petition) asking her to appear before Hon’ble Judge of so and so court on X date. X date will be typically 3 months after husband has filed the petition.
2. On that X date, if both parties (Husband and Wife) appear before the Judge, Judge will usually order both parties to be sent to Mediation/Counselling. Mediation date will be two to three weeks after X date.
3. On the day of Mediation, Husband and Wife has to appear before the marriage counselor (typically it will be woman Jr. advocate who has either volunteered for the job or been assigned. At least in my experience, i didn’t see professional marriage counselors doing this job)
4. Both parties will be given a chance to present their version of facts and the counselor will try to understand where does the problem lie. Usually, Mediation will happen for two to three dates (a gap of 2 to 3 weeks between each date) and will last for 30–40 mins on each date.
5. In the end, the counselor will advise to compromise (either take back wife or go for a mutually consented divorce). If either of parties refuse, counselor will simply forward the application back to court saying “Mediation has Failed”. Counselor will inform both parties on which date to attend the court.
6. Once the application is back to court, Respondent (Wife, in this context) will be asked to submit a response (called as counter) to the Husband’s application.
7. After Wife files the counter, the Hon’ble Judge will try to dispose off any interim applications like Maintenance, child visitation..etc before proceeding with the trial. To determine these, Judge will simply hear ORAL arguments from both sides and pass an Interim order. JUST ORAL ARGUMENTS. No proofs are required to be furnished at this stage. If you are religious, pray to Lord Ganesha that Judge is in a Good Mood that day :-). HUSBAND HAS TO PAY MAINTENANCE TO WIFE TILL THE PENDENCY OF TRIAL, NO MATTER WHOSE FAULT IT IS !!!! :-)
8. Husband has to note that, irrespective of who is at fault, Wife will get a decent maintenance awarded to her till the pendency of the trial. If the case goes on for 3 years, Husband has to pay those 3 years :-) . If it is 6 years, he has to pay 6 years :-) . Interim (or Interlocutory) orders are not appealable before HIGHER courts (unless explicitly specified) and Husband has to usually suck it up and live with it. Normally, Advocates will entice the Husband to file a WRIT petition blah blah but it is a 50–50 chance that the Hon’ble HIGH courts entertain such a petition. At this stage, the advocate will say “Well, there is always Supreme Court to appeal to . My fees are X lakhs to file the case and X lakhs as expenses to appear for a single hearing. Oh, by the way, you need to book my Flight and Hotel stay in Delhi. That is not part of my expenses” :-). Good luck with shelling out three to four lakhs in litigation expenses and praying for a miracle to happen. At this stage, Husband will feel like grabbing Wife’s feet and praying her to let him go :-) . YOUR SUFFERING HAS JUST BEGUN :-)
9. Usually, it takes nine months to one year for points 6 and 7 to complete.
10. Post point 7, Husband has to file a Chief Examination Affidavit producing the evidence that Wife has left him. Documents will be marked in Court infront of Judge in open court.
11. Cross examination Starts :-) . Since Husband is the petitioner, he will be examined first by Wife’s lawyer. Once his cross examination is complete as Principal Witness 1 (PW1), others will follow. Usually, Husband’s Mother, Father, relatives, etc who are named as Witnesses.
12. Post 11, Cross examination of wife will start. Same like Husband, Wife’s parents/relatives will be examined too if they are named as witnesses.
13. Cross examination of all parties is completed. Now , it is FINAL Arguments time :-). It usually takes more than one to two years to cover 10, 11 and 12.
14. In FINAL Arguments, both parties represent their version of facts, cite any relevant judgements, and ultimately pray for relief from the Judge. Since this is RCR, Husband prays the court to direct wife to join him for restoring marital wife. Wife will pray court NOT to direct her to join the Husband for marital life :-)
15. Hon’ble Judge passes an order after few days.
16. Lets assume the Hon’ble Judge has ruled in Husband’s favor i.e. directing the wife to Join the Husband in Marital Life. Husband now has to wait for a period of ONE MORE YEAR for wife to join him before he can approach Hon’ble court to enforce the decree. By enforcing, i don’t mean the court will force your wife will join you. It might levy a mild penalty and order Divorce decree in your favor. Please note that there be petitions, counter petitions, arguments..etc etc in this stage as well :-)
17. AND THEN the wife and Husband lived happily ever after (together or separately) :-)
To Summarize,
• RCR is a toothless paper tiger which of no use to ANY party. It will only serve to waste the Courts time, Husband’s time/money.
• Most often, Husbands will be hit with a full BLAST of criminal casesfrom the Wife’s side like: Dowry harassment, Rape case on Husband’s Father/Brother, Domestic Violence, CrPc 125 . I will not repeat what this will all entail for the husband. There is already a ton of material on the internet authored by Men Rights Activists (MRAs) and victim husbands. Just google “Misuse of 498a, DV acts”. Happy Reading :-)
o Why Indian men should be very careful in filing divorce - Men Rights India by Vivek Deveshwar
o Understanding the divorce industry in India - Men Rights India by Vivek Deveshwar
o Why not to file the restitution of conjugal rights? by Shonee Kapoor
• Husband will realize in a hard way how MISANDRIC indian society has become and why he has not heard about the biased Feminist laws in the main stream media before. He will feel so helpless when he learns about the apathy of Indian Govt, Judiciary towards the plight of Indian male and the indifference shown to the thousands of Indian men committing suicide due to the Misandrist laws.
• Husband will learn how his word has little value in lower courts and he is always considered an AGGRESSOR irrespective of him being the victim of false cases, losing his child, losing major portion of income to alimony/maintenance/advocate fees..etc. Only strong willed persons can bear the brunt of this and become ACTIVISTS to reform the society of the biased laws. Irony is, no one will believe these activists unless they face the music themselves :-)
• Advocate’s pockets will be filled so fast that you have to buy an atomic clock to accurately track the speed :-). I used the word “Gleefully” at the beginning of this answer. Husband will be introduced to the beautifully maintained Divorce Industry of India and you will marvel at how far they have perfected this system to milk the Husband of his money in a million ways.
• Advocates who are corrupt will know exactly how the other party will react if Husband takes a particular step. They deliberately steer the husband in such a direction that he gets entangled in further legal/police mess so that they pockets can keep overflowing :-). If you have seen vampire movies, Vampire will never suck till the last drop of blood but it stops at the last minute. Like wise, Husbands are not sucked till death but left just alive to face the next case and pay the advocate :-) . To all honest advocates out there, i am sorry for saying such things but you know in your hearts that what i say is true
• Husband will again wonder, why NO ONE reported this in the main stream media. Why are women repeatedly projected as SOLE victims where as there is a huge chunk of husband families languishing in jail, courts for years? Why is a young, healthy Wife given more importance than a Senior citizen? Just because that senior citizen is husband’s father/mother? Is there something bigger and insidious at play here? he wonders. Is it a corrupt greed for money that is driving this? Or is it an ideology? or is it society’s ignorance to changing times? Or Is this a syndicate ring operation with many players oiling the wheels? An average husband will never know. The LIBERAL media will not investigate this for a VERY LONG time because MAN is the aggressor and suspect where as WOMAN is the victim. And LIBERALS are always on the side of victims :-)
• Husband will be dismayed in search of an honest advocate who will not collude with the wife’s party, who doesn’t constantly discourage him to fight the case, who asks him to compromise for 50 lakhs or 1 crore..etc. Recently, my neighbor settled his case for 70 lakhs after his mother died due to harassment from false cases. Want to know how that money was shared? :-) 30 lakhs went to wife, 20 lakhs each for respective advocates :-)
• Corrupt Advocates discourage husbands in multiple ways: Absconding from court dates at last minute, staying silent when judge/other side is shredding the husband to pieces, deliberately arguing weakly, sending junior most rookies to stand as replacement, secretly negotiating with other side and passing information on how much a husband can pay and squeezed. They even chalk out a strategy sitting in a bar :-). I am not saying all advocates are corrupt. By the law of statistics, There must be definitely many honest ones operating with integrity. Their numbers are reducing day by day :-( . I have had one very senior HIGH court lawyer tell my father (when my father asked him to recommend a lower court lawyer to fight my case) that “I honestly can’t recommend a specific lawyer because i don’t know anyone that doesn’t collude with other party with a 100% certainty”. :-( He was my father’s friend for 30 years and can afford to be honest .
• After all this ordeal, Husband will realize how low people can sink to oil the wheels of this industry and become rich (Please note, i am using the word “Rich” and not “make a living”, there is a difference)
To Genuine Feminists/Liberals/Ideologues: If anyone doesn’t believe this answer or think it is biased or factually incorrect, Before reporting this answer to QUORA moderation or down voting the same, i invite you to verify this for yourselves.
1. Go to your local/district Court complex in your city. Ask where the Family Court hall is located.
2. These court halls are open to public. So, please feel free to go inside and take a seat as close to the Judge as possible. Be there by 10 AM so that you will get a good view :-) and from where you can hear the Judge. Cases will be called starting from 10:30 AM
3. Normally, Maintenance cases will be called first. Just watch how Men will be treated, shouted down, threatened with arrest, arrested on the spot by a police constable on duty for failing to pay the maintenance. In most of the cases, wife will be arrogant, well fed, well dressed(with Gold) and not appear to be suffering in any way. You will wonder “Are men only suitable as ATM machine for the wife? Else he can be arrested? Life ruined?”
4. You will see the over enthusiasm of Judges in enforcing maintenance orders. I saw judges go to great depths in even writing search warrants on husbands to police commissionerates 500 miles away for a default of maintenance amount Rs.70,000 :-). But, the same judge will not write a single alphabet for husband if wife defaults on visitation orders and denies the husband of his child for years all together. Ya, of course, i forgot that WIFE cant be wrong at all. That is like doubting GOD himself :-) Even GODs can be put to TEST but not WIVES :-) I have seen a Judge pondering about issuing a Red corner notice for missing maintenance payments and finally decided against it as it is not in his purview :-). Many times, you will pinch yourself to check whether you are in a court hall that ensures justice or a money collection center for wives :-)
5. If you are lucky, you can hear the Judge openly say in court “When you didnt pay your maintenance, why should i allow you visitation to your child?” and deny visitation to the Father. You will wonder about the supreme court judgements which say visitation is a fundamental right to the Father. You will be surprised at how openly this is flouted in lower courts.
6. You will see Husband (and his lawyers) being shouted down frequently, not given a fair chance to argue their facts..etc. You will notice due process of law works 100% only when you are the wife. As a result, i have seen many advocates openly refuse to represent on behalf of husband. It is easier to represent wife and win. Husband often has to plead an advocate to take his case and promise two to four times the payment than that of a Wife’s case.
7. You will see facts hardly matter when wife alleges something. Wife’s word is a gospel never to be questioned. Husband is always the aggressor and should be squeezed till he becomes a living corpse. Orders almost always are in favor of the Wife.
8. You will see 70+ year old “cruel” in-laws languishing in the halls pleading advocates and judges when an affluent wife/her parents smugly smile and enjoy the show. Come back to this answer and tell me if your blood didn’t boil at that.
9. Judges will hardly bat an eye when Husband cries in open court saying “My wife has lodged a false rape case against my father, Dowry cases on me, Theft on my brother. All of us went to Jail because of her and i lost my job becuase of all this. Now, you have ordered such a hefty maintenance, how can i pay your honour? Kindly reduce the amount”. A Police constable will be called on the spot, given an arrest warrant and asked to jail the man for 30 days. Where as Wife so much as complains that there are arrears pending, Judges will wear the white Knight hats and start saving the damsels in distress.
10. You can also visit the Criminal courts in the same complex and wait for “Dowry harassment” husbands to be called in aka IPC 498a victims. See how they are played around :-)
I understand only 20% of this answer is relevant to the question and the rest describes the aftermath/consequences to the husband. I felt i had the civic duty to warn all those innocent husbands who file RCRs/Divorce unaware of the aftermath/consequences waiting for them.
What will happen to maintenance case filed by wife if husband withdraws his Divorce case ?
You question is pretty vague or maybe the choice of words is not right.
Anyways, what I have understood your question to be is:
What will happen to the maintenance application of the wife if the husband withdraws his Divorce case?
Answer: The maintenance application of the wife in that Divorce case will also go away. The alternate remedy available to the wife is to file a Petition under Section 125 of the Criminal Procedure Code for grant of maintenance.
Case for maintenance and divorce are completely separated and do not have any impact of the outcome in one case on another.
Wife has the right to seek maintenance even when she is residing under the same roof with husband. Therefore, withdrawal of divorce case by husband will not have any adverse impact upon the maintenance case pending between the parties.
For any help in this regard feel free to reach us at Fortunelegal - Legal Advice, Criminal Law, Business Law or call us at +91-8054444639.
The maintenance case continues independent of withdrawal of divorce case. Any case has to be withdrawn by the person who filed it. Try to communicate with your wife, find out whether she is willing to continue the matrimonial relationship with you. If she does not want to spend her live with you, both of you can file petition for mutual consent divorce. Even after mutual content divorce, maintenance has to paid by you to your wife.
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You file RCR, means do you think court can make your husband cohabit with you? No. If the other person is so very adamant, no court, no law cannot do anything to make husband and wife unite. IF wife has filed 498a and DV etc on husband, divorce case will not get dismissed. It should be proved that husband has asked dowry etc done domestic violence etc or/ he has not done anything, all this has to be proved in the court of law, upon which further proceedings in family court about divorce. On the one hand wife files RCR that she wants to cohabit with husband, other hand she puts 498a DV case etc on husband, it does not make any sense, either you should tell I LOVE YOU AND FILE RCR ASKING HIM TO ACCEPT YOU BACK ETC or you should tell YOU ARE BAD YOU ARE EVIL AND I DONT WANT YOU BACK IN MY LIFE EVER AGAIN AND FILE 498A DV CASE ETC. even if it is proved that husband is evil via dv and 498a I dont think there is any point in continuing with the relationship. its better to part ways than to keep filing cases and roaming to court and polis stations.
Restitution of Conjugal Rights in Hindu Marriage Act
If your spouse has left you without giving any reasonable ground, the Hindu Marriage Act 1955 gives you remedy in the form of Section 9 under the restitution of conjugal rights. The section 9 of the HMA reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights.
What the aggrieved party needs to do is file a petition to the district court and on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, the judge may decree restitution of conjugal rights in his favor.
Three essential conditions for Section 9 of HMA
Firstly, one party must have withdrawn from the society of the other; secondly, the withdrawal must be without any reasonable reason, and thirdly, the aggrieved party applies for the restitution of conjugal rights. Once these conditions are fulfilled, the district court may decree of restitution of conjugal rights to bring about cohabitation between the estranged parties.
If the aggrieved party is unable to convince the district court and it founds that the petitioner is guilty then the decree of restitution of conjugal rights is not granted. An added advantage from this is that if the parties are not following the decree for cohabitation after the passing of the decree, continuously for one year, it becomes a ground for divorce under Section 13.
Reasonable grounds on which petition for Restitution of Conjugal Rights can be rejected
First, if the respondent has a ground on which he or she can claim any matrimonial relief;
Second, if the petitioner is guilty of any matrimonial misconduct;
Third, if the petitioner is guilty of such act, omission or conduct which makes it impossible for the respondent to live with him; for instance, husband’s neglect of his wife or the constant demand for dowry, etc. are some reasonable ground for wife not to join the company of her husband.
Burden of proof under Section 9 of the HMA
Burden of proof operates at two levels. Firstly, burden of proof is on the aggrieved/petitioner who needs to prove that the respondent has withdrawn from his society. Once that burden is discharged by the petitioner, it falls on the respondent to prove that there exists a reasonable excuse for the withdrawal.
Can RCR be converted to divorce?
yes RCR can be converted in to divorce. no RCR itself can be converted in divorce. No, RCR can\'t be converted into divorce. In your case, the court most probably allow your petition and deliver the judgment in your favor if you can establish that your wife has no reason to live separately. In the maintenance case. Feb 6, 2013
Can wife file restitution of conjugal rights?
Yes; the wife can claim maintenance under Section 25 of Hindu Marriage Act. ... The aid of Restitution of Conjugal Rights necessities both marriage parties to live together and cohabit.
What are my conjugal rights?
the sexual rights or privileges implied by and involved in the marriage relationship : the right of sexual intercourse between husband and wife. conjugal rights.
WHEN CAN husband file for divorce?
Cruelty ground is not sufficient, if your wife is ready for divorce then you both file the mutual consent divorce in the concerned court for early divorce ( in between 6 to 8months) if file the cruelty ground then the case shall be run for 3 to 5 yrs.
Can husband file for divorce on grounds of cruelty against wife
Yes you can do so under section 13 1 (a) of the Hindu Marriage Act . Cruelty is the most common ground for seeking divorce amongst others . You need to prove it during trial at the time of evidence . It's mostly verbal allegation but can be supported through medical documents if any .
Cruelty ground is not sufficient, if your wife is ready for divorce then you both file the mutual consent divorce in the concerned court for early divorce ( in between 6 to 8 months) if file the cruelty ground then the case shall be run for 3 to 5 yrs.
What is RCR?
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a compitant court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Suppose one who filed RCR and after getting the summon from court, his wife filed 498a against him. So can it void the chance of arresting him or his family members mentioned in wife’s complain?
No; both are seperate;
If not , then what is the application of RCR and condition, based on it RCR can be filed?
RCR, is a great law; the purpose is to compale the respondent to resume his/her matrimonial duties. If he/she does not; then decree of divorce will be sanctioned. HMA,sec9 quoted bellow:
“9. Restitution of cojugal right.
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly
Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.”
(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
In a RCR Do not mention any allegations or facts that instigate your wife to counter it with another bunch of allegations!!
Contents : Keep it short-sweet and simple, basic history of how the marriage took place, where when and how it took place, here you guys lived, any kids, how you cared for her and the kids if any, how you spent and sacrificed for her, how much you love her (note – not loved her) and then for reasons unknown atleast to you she deserted you, when she desterted you and you have been trying to convince her, her folks, involved your folks, relatives and common friends to sort out and still no use and so you seek the courts permission to help you reconsile with your wife!!
Intentions :
Letting the court and her know you still love her (weather or not is not your botheration)
Letting the court officially know the date of your seperation/desrtion
Getting your wife into the court with hopes to reconcile and no grudge that would lead to counters, basically we do not want her to be coming to the court and spinning any yarns of dowry demands or violence or harassment. And when she appears and she too would be filing her objections and if those objections do not have the mention of dowry or violence or harassment – have you not got the legal proof of your innocence?
Proving to the court she deserted and so she is the reason for the breakup
Note :
In or during RCR do not put allegations in written, whatever you want to blast blast verbally but end of it tell that though all these happened you still love her soo very much and cannot think of living without her and that you will forget everything and you could start from the scratch with her
Like one of the seniors once adviced me – keep the RCR as a Sales Deal which was being pushed by your chacha, mama. kakas that you do not want to close but at the same time do not want to hurt the intentions of these chacha, mama, kakas – so during RCR keep your wife and folks in good humour and be sure you are in control.
Now if we are successful in getting our wives to the courts and filing objections and making statements the way we want – have we not got what we want?
By mentioning even one allegation you would be creating bad blood that would instigate them to file 498 and the heap load of other cases. Keep the allegations part pending until the evidence and cross examination time.
What are the advantages of filing RCR?
Filing RCR produces a legal document that you both are staying separately.
Gives an advantage to you in case you are looking for anticipatory bail for 498a.
Legally proving to the court that she and only she was the cause of the marriage breaking by deserting you and not you!!
You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.
It proves the wife has not looked into the benefit of the child by deserting and breaking the family for her whims and fancies.
The above point will in turn give you advantage in child custody.
What are the disadvantages of filing RCR?
It increases the risk of false 498a against you.
What is charge sheet?
The Investigating Officer is only required to collect material to find out whether the offence alleged appears to have been committed. In the course of the investigation, he may examine the accused. He may seek his clarification and if necessary he may cross check with him about his known sources of income and assets possessed by him. Indeed, fair investigation requires that the accused should not be kept in darkness. He should be taken into confidence if he is willing to cooperate. But to state that after collection of all material the Investigating Officer must give a opportunity to the accused and call upon him to account for the excess of the assets over the known sources of income and then decide whether the accounting is satisfactory or not, would be elevating the Investigating Officer is not holding and enquiry against the conduct of the public servant or determining the disputed issues regarding the disproportionality between the assets and the income of the accused. He just collects material from all sides and prepares a report, which he files in the court as charge-sheet.
The charge-sheet is nothing but a final report of police officer under Section 173(2) of the Cr.P.C. The statutory requirement of the report under Section 173(2) would be complied with of the various details prescribed therein are included in the report. This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigation Officer has been able to procure sufficient evidence for the court to inquire into the offence and the necessary information is being sent to the court. In fact, the report under Section 173(2), purports to be an opinion of the Investigating Officer that as far as he is concerned he has been able to procure sufficient material for the trial of the accused by the Court. The report is complete if it is accompanied with all the documents and statements of witnesses required by Section 175(5). Nothing more need be stated in the report of the Investigating Officer. It is also not necessary that all the details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case by adducing acceptable evidence
Dear Client,
Your wife is unwilling to stay with you and wants to abandon you. Then why do you go to a place you are an unwanted person. Then try to depart from there where there is no love and affection towards you. Resolve the issue by taking the help of marriage elders and mediators, well wishers and parents of both sides. If she does not want to stay with you then separate judicially by filing a petition for divorce. Take necessary legal help by engaging and expert advocate who has practice in family matters.
Hi
You should file a suit for Restitution of conjugal rights under section 9 of Hindu marriage act (assuming you are a hindu) and ask your wife to join you in your matrimonial home at Hyderabad.
Before filing for Restitution of conjugal rights, it is advisable to convene a meeting of elders so as to resolve any maternity related issues that might be the reason for your wife to stay in her parent's place. So trivial reasons if any stated by your wife can get resolved by meeting of elders failing which Restitution petition might help.
The aggrieved party files for a petition in the district court where the aggrieved party and his/her spouse resided after commencing their matrimonial relation. The judge after listening to both the sides and on being satisfied by the truth of the statements made in the petition decides and grants a decree of restitution.
In the detailed procedure, the following steps are followed:-
The aggrieved party files a RCR petition in the district court. This petition can be transferred by an application in the High Court or the Supreme Court.
Copy of the petition is sent to the respondent with a hearing date from the district court.
The Court requires both parties to be present on the hearing date in front of the Hon’ble judge.
If both the parties are not available then another date is given.
After this the court sends the party for court counselling.
The Court counselling is done mainly by family courts and usually goes for 3 to 4 times. This might take 4 months approximately.
Based on the counselling and the statements made and keeping in view the conduct of the parties the judge finally grants the decree.
Dear within the state , high court has power to transfer the case, outside the state only supreme court has the power, if you have her proof of Ludhiana, then is very difficult for her to get the transfer specially section 9 case. For details contact me..
Dear Chetan ji, Your most of the steps are taken in a right direction but are only half done. 1) It seems that your sister is residing with you or her marriage has been solemnised at Bengluru so that’s why you people have filed a RCR case there at Bengluru. 2) It will be more better if you apply in Supreme Court of India vide a transfer Petition to get transfer the case to Bengluru as the girl is staying at Bengluru with her brothers. For that you can have my help at Delhi. 3) RCR case will not have any power to get dismissed the Divorce case, both are parallel cases and will go separately. Even if you win the RCR case and husband is not in mood to reside with his wife you cannot force it or can tke the non obayence of the judgement as contempt of court. 4) For that you have to move a application in the competent court to direct the service provider to submit call data of the particular number. which is given in only special circumstances where whether there is a direct threat of life by the possessee of the particular phone number or Court itself take the cognizance of taking the record of the phone number. 5) i) As without knowing full facts of the, we do not recommend any suggestion in any case however you can move a police complaint under 498A, 406 and 34 against the husband and his other family members who are resided in a domestic house of wife in past. ii) But I would suggest to go for the mediation and counselling process for both the persons first independently and then mutually and by that try to resolve all the differences and re start their fresh life once again. For further legal assistance you can send me a PM (Personal Message) through this site. Advise; always take assistance from an experienced and well educated Advocate of the field. You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more . Please visit www.anandbaliandassociates.com With Regards !! Anand Bali, Adv. (B.Com., M.A., LL.B., M.B.A.) Supreme Court Of India,
You file RCR, means do you think court can make your husband cohabit with you? No. If the other person is so very adamant, no court, no law cannot do anything to make husband and wife unite. IF wife has filed 498a and DV etc on husband, divorce case will not get dismissed. It should be proved that husband has asked dowry etc done domestic violence etc or/ he has not done anything, all this has to be proved in the court of law, upon which further proceedings in family court about divorce. On the one hand wife files RCR that she wants to cohabit with husband, other hand she puts 498a DV case etc on husband, it does not make any sense, either you should tell I LOVE YOU AND FILE RCR ASKING HIM TO ACCEPT YOU BACK ETC or you should tell YOU ARE BAD YOU ARE EVIL AND I DONT WANT YOU BACK IN MY LIFE EVER AGAIN AND FILE 498A DV CASE ETC. even if it is proved that husband is evil via dv and 498a I dont think there is any point in continuing with the relationship. its better to part ways than to keep filing cases and roaming to court and polis stations.
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A.1) As you have said- His parents don't get along and even they don't take care of him. Since his birth, either me or my parents are taking care of him be it his school fees, his health overall his full upbringing....... So even now he is in your custody ..... & so no need for standing up for custody.. he is already a part of your family member.
2) she has no interest in staying with my brother but because of property, she is not even agreeing for divorce- So No issues tell your brother to file RCR in court. Section 9 in The Hindu Marriage Act, 1955
RESTITUTION OF CONJUGAL RIGHTS. - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for Restitution Of Conjugal Rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly
3) Then too she doesn't come to stay with your brother then immediately File for Contested Divorce & we can even win in one sided Divorce.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
2) she has no interest in staying with my brother but because of property, she is not even agreeing for divorce- So No issues tell your brother to file RCR in court. Section 9 in The Hindu Marriage Act, 1955
RESTITUTION OF CONJUGAL RIGHTS. - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for Restitution Of Conjugal Rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly
3) Then too she doesn't come to stay with your brother then immediately File for Contested Divorce & we can even win in one sided Divorce.
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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