Matrimonial case divorce filed by me in delhi and wife filed RCR later


Hi, I have a marriage life of 5 years 4 months and wife there with her parents since last 4 years, no contact since then. I filed divorce case in delhi in Jan'2016 and wife appeared and submitted her WS (no wrong points raised) in Feb'17. Now i have got reference that they had filed RCR u/s 9 and 24 HMA in Howrah Court in Aug-Sep'16 while no notice served to me anytime and no reference given in her WS filed in delhi. Looking for a local lawyer in Howrah to contest these cases filed against me. need to dismiss these cases.

Answers (1)


69 votes

Your wife filed a case under section

9.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When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
Explanation : Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

And filed a case under section
24.Maintenance pendente lite and expenses of proceedings

Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Please call me for detail discussion.


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