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Q.Restitutuional conjugal eights HMA,sec 9
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Q. Restitutuional conjugal eights HMA,sec 9

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Anonymous

posted 10 months ago

Dear sir,i have filled RCR ,section 9 under HMA to get back join with my family to my wife.
The judge allowed for reconcilation for 3times,but the respondent was absent.
What should be the next step from the point of judge.
Looks like wantedly my wife dont want to attend for Recincilation.and she dont want to show my 2yrs daughter also.

How ever,from long six months iam attending courts.And it may take near about 1yr to get final judgement in my favour.
1) I thought that they are creating false proofs to make my character bad.
if they put any harrasment type of cases,as i already filled RCR in court,is their false case will make strong? and her father is one of senior advocate in the same court.
2) If even my wife not followed the judgement,what should be process if she no attended reconcilation ?
how long it will take ?
3) In the meanwhile , can i request to court to see my daughter like frequent once in a week at court ?
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A. RCR is a sort of case in which the Court cannot enforce its judgement ( Sarith1s case ), but you can ask the Court to order to bring your child to Court for you to meet.

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A. Dear sir,
It has to be disposed within 6 months then within one year of decree if your wife did not return you can get divorce easily. For child custody and visiting rights you have to file separate case.

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Anonymous

Replied 9 months ago

Dear sir,
At counsellibg ,she wantedly irritating by giving wrong info about me.Look like she want divirce from my end,but not from her end.

Recocilation failed,next for filling counter.
What will be happenibg now.

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A. If you're wife has not attended the reconciliation proceedings, it means that she do not want to join your family and court may proceed to the case for further hearing.
In the meantime, you can request to court for a meeting with your daughter

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Ashutosh Pathak

Experience: 20 Year(s)

Responded 9 months ago

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A. Yes, it's your legal right to meet with your kid.

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R. N. Chaturvedi

Experience: 14 Year(s)

Responded 9 months ago

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A. 1. Harassment case may hamper your RCR. It even make your life hell.

2.if she doesn't follow judgement, better file contempt case in court.

3. Of course. You can ask for visitation right. But her co sent is needed to get it.

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Arnab Banerjee

Experience: 4 Year(s)

Responded 9 months ago

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A. Yes you can request court for visitation rights.

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Ashish K Dongre

Experience: 12 Year(s)

Responded 9 months ago

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A. Yes ! you may request the court for visiting and meeting your daughter. Ans it would be better if you prove all the allegations against you wrong. Further,you should wait for the final outcome of your RCR case.

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 9 months ago

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A. file a case of custody of child.......u willl get the right to visit the daughter......moreover u have not to worried about if she don't appeared on next date get the exparty

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Sunil

Experience: 4 Year(s)

Responded 9 months ago

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A. Yes you should file a petition for the visiting right of meeting your daughter during the weekends

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 9 months ago

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A. Look into the facts you have given I have few queries like what you want exactly, for example, if your wife is not ready to live with you no Court can force anybody to live with someone else and no Court can forcefully enforce marriage obligations. so I prefer you to think about and decide what you want to do, if your wife is not responding and you think that your in-laws will not get your marriage relationship problem solved then it's better to move on and see divorce. concerning your girl child you should also need to think about her future because in courts if you seek for divorce you have to give certain money to your ex wife and to your girl child for their livelihood and proper study.

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Prashant Jaiswal

Experience: 8 Year(s)

Responded 9 months ago

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Anonymous

Replied 8 months ago

Dear Sir,
Reconcilation was failed,judge ordered my wife for counter petition.
My wife always looking for divorce,but she is expecting filing divorse from my end.At the time of counselling she wantedly indirectly irritating me by giving false info,by making my character bad.
If really i go divorce ,what are the loss to me.She was previously worked in pvt sector,having postgraduation degree. I loss my all property & now i have only my job.
As her father is advocate in the same court,they look like taking an advantage,they are trying to providing fake medical illness certificates for showing she ill by cause of me.

1)what should be loss for me,if i go divorse,as of now i have only my pvt job.
2)In fact,my wife not intersted to grow up my daughter(2yrs age) as she is girl child.,just they are putting to get money,property from me in the point of child education etc....
How can i prove that she cannot take care of my daughter after divorse.
Is there any possibility to get my daughter in my cusotady.
3)she blackmailing me by providing fake medical certificates in the court,to get large amount of money in divorse.How can i prove my self that iam not bad.
4)What will happen after counter filling.

Please assist me on this.

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Anonymous

Replied 7 months ago

Dear sir,
I have filled RCR ,section 9 under HMA to get back join with my family to my wife.
The judge allowed for reconcilation for 3 times & failed.
They filled counter petition with MC case, & legal assistance case.Here case is her father is Sr Advocate in the same district court.
She stating in petition all are false.Looks like wantedly my wife dont want to join with me & after judge request also my wife dont want to show my 2yrs daughter for last 7 times court attendings.After 6 months filling of RCR,now the stage is Enquiry.
In this case,
can i file counter to their petition & MC in a separate?

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