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Will filing RCR under S.9 HMA help me get my wife ?
06-May-2023 (In Divorce Law)
Sir/Madam, We got married 5yrs back. I have a serious issue with my wife. We used to live in Hyderabad away from our parents, both were working as software engineers. I sent her to her house in Bangalore when she was 5month pregnant for delivery in Nov 2015. But she never returned back to me ever since and asking me to come to Bangalore to settle there. She wants to stay with her parents. She took one sided decision of staying back in her parents house which she wanted since marriage but never told me before marriage. There was no neglect from my side. No other issues between us except for she was emotionally less attached to me. For her marraige was like a formality. I have to visit my son in her house once in few weeks. I feel betrayed. She is not even requesting me to come there and live with her. She has no value for her husband. She considers me her husband only if I live with her in her city. Can I use restitution of conjugal rights? to proceed towards any conclusion.
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.
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.
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Adv. Soumil Kandukuri
Hyderabad | 25+ Answers
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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.
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.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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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.
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.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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