Legal procedure to file a petition for RCR

Sir/Madam,We got arranged marriage in Jan, 2015 with hands rituals. Our marriage was fixed through a matrimonial site. So far my wife stayed with me hardly 5 months in three years after our marriage that too sometime for 15 days, sometime for one month. Lastly she stayed with max for two months along with me in my native place. August 2016 she left to her native Bhopal by saying that to attend Janmastmi festival. She and her parents are not responding any calls. I sent three notices from Jila Stariye Parivar Paramrsh Kendra but she didnt attend any of three dates. I filed two FIR in police station as well. Once I along with my family went to take her but her parents closed door and didn't speak anything hence we came back without creating any type of quarrel.I have few call recordings where her mother is saying my wife to leave me and quarrel in with my family members.Nov 2017 I got notice for crpc 125 and last week for DV for my family. I m in dilemma to file for sec 9 or 13.

Answers (4)

185 votes

It reported and said that your wife is living separately from you and lived only five months in three years in your house. it also reported from your side that your wife has filed case under section 125 for maintenance apart from this you are unable to take decision to case file either section 9 or section 13 thus i would like to consult you to file case under section 9 will be beneficial because your wife filed case under section 125 she can also file case of domestic violence and 498 a dowry harassment further against you and your family section 9 will prevent you in this case after all for section 13 it advised that you have to collect evidences against your wife that proves the harassment done by your wife against family because if you wouldn't have evidences against you wife it will create problem for you court will listen first to women if you have evidences you can file case under section 13 apart from this if both side effectively exerted settlement them execrate it will be beneficial and favorable.

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287 votes

If you want to get her back, go for Sec. 9 proceedings. If you want to get rid of her, go for Sec. 13 proceedings. It's up to you.

But in both cases, you will have to fight the cases of Sec. 125 CrPC and of DV.

If you think that you have done all that you could do to bring her back in your life, and if now you feel that she is not going to return despite all the efforts, then you should seek remedy under Sec. 13 proceedings.

Because even if you succeed in the proceedings of Sec. 9, the Court cannot order anyone to make her live with you by physical force. Means, even you will not be able to keep her with you forcefully.

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182 votes

Gentleman, you are the victim of the laws favouring women. You say that, you have received notice under 125 CrPC for maintenance than and It's advisable to contact a lawyer to defend the allegation. You have done a blunder not to contact for any legal advice earler, anticipating any action against you. Now the sec 9 and 13 has no use brother, your other details is also needed.

175 votes

You should file petition under section-9 only if you really want to live with your wife. If you have decided to divorce her then you should directly file petition of divorce under section-13 on the ground of cruelty and desertion. No need to worry about the cases filed by her. As she is living apart from you without any cause, it will be a good defence for you in section-125 CrPC case.

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