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

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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

Advocate Ashish Jograna LawRato