How to add safety condition in order passed under section-9 RCR by cou

796 votes

Yes, wife/applicant can file an application before the same Family Court seeking safety/protective terms in a decree passed under Section 9 HMA, even if such terms were not included earlier. An RCR decree does not mean unconditional or unsafe cohabitation. Wife cannot be compelled to join the matrimonial home if there is a genuine apprehension regarding her safety, dignity, mental peace, or harassment. For this, she may file a Misc./Interim Application in the same proceedings and request the Court to impose conditions such as: safe / separate residence, no harassment by husband or in-laws, written undertaking of protection, basic maintenance / expenses, if required, and joining through counselling / mediation. The Court can consider such prayer if the wife shows valid grounds like cruelty, threats, abusive atmosphere, prior harassment, or safety concerns. If needed, she may also take remedy under the Domestic Violence Act for Protection Order, Residence Order, and Monetary Relief. Hence, yes, such a prayer is legally maintainable, and the Court can allow it to ensure that compliance of RCR happens in a safe and dignified manner my contact number 79 84 51 34 51

Advocate Ashish Jograna LawRato

533 votes

Under Indian law once a decree for Restitution of Conjugal Rights has been passed under Section 9 of the Hindu Marriage Act the court generally becomes functus officio regarding that specific decree however you can still seek safety terms and expenses through alternative legal provisions to ensure your security before returning to the matrimonial home. You may file an application for modification of the order under Section 25 of the Hindu Marriage Act for permanent alimony and maintenance or move a separate petition under Section 18 of the Hindu Adoptions and Maintenance Act. For specific safety concerns you should ideally file a separate petition under the Protection of Women from Domestic Violence Act 2005 to seek protection orders and residence orders which can run parallel to the RCR decree. The court can entertain a prayer for safety terms if you demonstrate a reasonable apprehension of danger to your life or limb as the right to live with dignity is a fundamental right that the court must uphold even while directing restitution. Additionally you can file an application under Section 151 of the Code of Civil Procedure invoking the inherent powers of the court to meet the ends of justice and ensure that the decree is executed in a manner that does not compromise your physical safety. It is advisable to document specific instances of past threats to justify the addition of these safety terms in your prayer to the court.

Advocate Hetal Gohel LawRato