Husband filed fake RCR case to save himself from harassment allegation

550 votes

Madam,
In order to advice you I should see the case files of what your husband filed. At least once you need to travel to Bangalore and can return the same day as I need your vakalath to examine court records. Also I can tell you how to follow up your police complaint.

Advocate S.K Prabhakar Shetty LawRato

561 votes

Madam,
in case if you dont want to continue you can proceed with a case by filing the divorce case. here he filed case for restitution of conjugal right. As you told, you have lodged a complaint against him, you can mention the same before this court.

You also admitted that you have refused to received the notice and you are not attend the court. Once you refused the notice, it means you intentionally avoided the court notice and therefore the same will be recorded. Instead of that you should appoint a pleader or yourself personally. if you not attended the court will place you exparte and pass the order.

You can also seek for interim maintenance during the time of court proceeding. You appear and file necessary application for maintenance.

Advocate M Lakshmikanth Arya LawRato

760 votes

Hi,
As the case is filed under section 9 of HMA ( Restution of congugal rights ) which conveys :
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 — When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

check the case no which will be depicted in the summons and attend the court proceedings , as ur absence may lead to exparte in the case ..

-- consult legal counsel as u can seek child custody / maintaince , etc .

Advocate Jobee Paul LawRato

886 votes

your husband filed Restitution of conjugal rights under section 9 of Hindu marriage Act, inviting you to live along with him and he needs you, so better go to Family court at Bengalure and engage a lawyer, who wil file Vakalath and do the needful.

Advocate Nagaraju LawRato

680 votes

The court pass the order one sided with observation that you have refused to take summon. so better You have to attend the case here by engaging an advocate. further you can also file a family case at chennai and you can file transfer petition to transfer the case from here to chennai since you are residing at chennai.

Advocate Govindaraju K LawRato