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A.Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights. So, in the given scenario, you need to file a petition u/s.9 of HMA to the district court, for restitution of conjugal rights. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition under Sec.13 of the Act if there is no scope for mutual divorce.
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights. So, in the given scenario, you need to file a petition u/s.9 of HMA to the district court, for restitution of conjugal rights. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition under Sec.13 of the Act if there is no scope for mutual divorce.
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A.Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights. So, in the given scenario, you need to file a petition u/s.9 of HMA to the district court, for restitution of conjugal rights. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition under Sec.13 of the Act if there is no scope for mutual divorce.
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights. So, in the given scenario, you need to file a petition u/s.9 of HMA to the district court, for restitution of conjugal rights. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition under Sec.13 of the Act if there is no scope for mutual divorce.
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