Serving RCR to NRI status husband

749 votes

Thank you for sharing your query. Based on the facts provided, your husband works on a cruise ship under fixed-term contracts and returns to India between contracts. Merely working abroad on a contractual basis does not automatically determine his legal status as an NRI for the purpose of matrimonial proceedings. The maintainability of a petition for Restitution of Conjugal Rights (RCR) depends primarily on the facts of your marriage, the place where you last resided together, and the jurisdiction of the Family Court. If your marriage was solemnized in India or you both last lived together in Faridabad, an RCR petition can generally be filed before the competent Family Court at Faridabad, subject to the facts of your case. As regards service of summons, if your husband is presently abroad, the Court may direct service through the appropriate legal mode, including his overseas residential address, employer details (where relevant), email, WhatsApp, or any other mode permitted by the Court, depending on the circumstances. The time required for service may vary if he is outside India.

Advocate Anmol Sharma LawRato

950 votes

From the facts stated by you, your husband being employed on a cruise ship on contractual assignments does not, by itself, take the matter outside the jurisdiction of Indian courts. Even if he remains outside India for long periods, he is not automatically exempt from proceedings under the Hindu Marriage Act. A petition for Restitution of Conjugal Rights (Section 9, Hindu Marriage Act, 1955) can be filed before the competent Family Court if the court has territorial jurisdiction, such as the place where the marriage was solemnized, where the parties last resided together, or where you are residing, subject to the provisions of the Act. His employment abroad or NRI status will mainly affect the mode of service of summons and not your substantive right to institute the proceedings. If he is available at his Indian address during his leave, summons may be served there. If he is abroad, the Family Court may permit service through the prescribed legal modes, including his overseas address, e-mail, or any other mode recognized by law and directed by the Court, depending upon the facts of the case. Regarding the cost, there is no fixed statutory fee for filing an RCR petition. Court fees are nominal, while the professional fee of an advocate varies depending upon the complexity of the matter, documentation involved, and the steps required for effecting service upon a spouse residing abroad. Before filing the petition, it is advisable to have all relevant facts and documents examined to ensure that the petition is filed before the appropriate court having jurisdiction and that the correct mode of service is sought from the Family Court.

Advocate Neha Gupta LawRato

792 votes

Yes you can contact me . As you ll tell me in detail ,I ll consult you properly and help you with your matter. After knowing , then I can tell you about the charges and all. Darshna Singhal advocate and associate .

Advocate Darshna Singhal LawRato

846 votes

If your husband is presently residing in Faridabad during his leave, the court may issue summons at his Faridabad address. If he is outside India, service can also be effected through the procedure prescribed under the Civil Procedure Code and applicable rules, including service at his overseas address, wherever required. The court fee for filing an RCR petition is nominal. However, advocate's professional fee varies depending on the facts of the case, complexity, and the lawyer engaged. You may consult an advocate with complete facts to know the estimated professional charges.

Advocate Raman Sahu LawRato

696 votes

Merely working on a cruise ship on a contract basis does not automatically make your husband an NRI for the purpose of filing an RCR petition. You can file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act before the Family Court having jurisdiction, including Faridabad, if the legal requirements are satisfied. If he is residing or working abroad, summons can be served through the prescribed legal process at his overseas address, and if necessary, through substituted service with the court's permission. The court fee for an RCR petition is nominal, while advocate's professional fee varies depending on the facts, complexity of the case, and local practice. A detailed consultation will help determine the appropriate strategy and estimated costs.

Advocate Usha Gehlot LawRato