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Procedure when the wife not responding to the summons for RCR.


29-Oct-2023 (In Family Law)
Sir, Meri wife mere bete ko lekar apne ghar chali gai hai 1.6 year ho chuke hai or wo wapas nhi aa rahi or mujhe alag hone ko bol rahi hai or mere mummy akle hai mere father nhi hai mein une nhi chod sakta.mein apne bete se bhi nhi mil pata . Mene july 17 me section 9 ka case daal hai 2 summons chale gaye hai jo usne nhi liye is bar mene uske court me address prof laga kar affidavit diya or court ne dasti summon issue kiye hai agr wo ye bhi nhi leti to agar kya action hoga or mein apne bache se waps le pauga ya nhi .
Answers (4)

Answer #1
584 votes
Section 9 petition is different and meant for restitution of your conjugal rights only and has nothing to do with the custody of your child.
For that you have to file custody petition before appropriate court, only then you may be able to have custody of your child or may be visiting rights, depends upon facts of your case.

Answer #2
909 votes
No need to wait for yocchildld custody...

You may file custody petition for your child and you may also get visitation rights for your child...

And if your wife does not appear in your RCR petition then she will be proceed ex parte.
Answer #3
584 votes
It seems you are totally misguided

Though u are claiming to meet the child u have not filed any case for custody of child or visitation rights.
Furthermore Courts are not so powerless in case wife does not appear after process
It seems your own Advocate is not taking all the efforts for the needful
Yes u can meet ur child and even get his custody
Answer #4
901 votes
Hon'ble Court will follow its procedure in case she willfully abstains from receiving the summons. As far as your minor child is concerned you can file application under Guardians and wards act for seeking visiting rights etc as per your requirements. Alternatively you can approach mediation center for amicable resolution of your dispute.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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