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Fake RCR filed by husband what to do
13-May-2023 (In Family Law)
Can wife contest rcr by stating harassment by in-laws as my husband left me neverthelessly and stopped talking to me and taken my belongings to other place and pressurising me either leave my govt job or else threatening me for divorce, he being a public servant by listening to his mother and relatives looking wife as a slut and cheaply insulting me. Can I pray court for separate residence as he is highly getting influenced by his brother , bhabhi, mil and relatives, we all are living jointly. Please guide.
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Adv. Sanjeev
Delhi | 100+ Answers
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Yes u can do so for that purpose u have to file Dv case before the Court for protection of your fundamental rights. In which court will provide you residence order along with protection for your safety.
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Adv. Akhil Verma
Delhi | 400+ Answers
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Yes harassment will be a solid ground against RCR filed by your husband. But don't ask court to live separately with your husband at some other residence as asking husband to live separately from his parents is being a harassment against wife. So treat accordingly and lay points of harassment. Best of luck.
Feel free to contact me.
Feel free to contact me.
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Adv. Salil Tripathi
Delhi | 100+ Answers
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RCR is "Restitution of Conjugal Rights" of married couple and for this purpose an application under section 9 of Hindu Marriage Act, is moved before The Family Court. Any of the party can move this application and other party is free to present his part before the court by filing response to this application. But, as you say for other relief, such as Physical or mental harassment, Maintenance or for desperate accommodation, you have to file separate application under separate section before the concerned court.
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Adv. Anil Upadhyay
Delhi | 25+ Answers
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