Legal Question in Family Law in India

You have not giving of your complete information and the relation to the persons against which you have complained. For further advice Contact with :

Section 9 states that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

If it is not challenged in appeal or by way of other remedy available under the law and becomes final, it cannot be ignored and can form the basis of divorce proceedings under Section 13(1A) of the Hindu Marriage Act, 1955 (Saroj Rani v. Sudarshan Kumar , AIR 1984 SC 1562).

Filing an RCR serves with the advantage that it lets the Court know that you are willing to have her back, and that she is the one who is not willing to reside with you- that she is the reason for the breakup. Also, it informs the Court of the fact that the two of you are staying separately and also the date of separation. The factum of separation is important from the viewpoint of proving domestic violence. It gives an advantage to you in case you are looking for anticipatory bail for 498a.

Also, legally proving to the court that she and only she was the cause of the marriage breaking by deserting you and not you. You get leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn't want to join you.

Get a lawyer to help you, since you would not be able to maneuver through 498a, RCR, Section 125 CrPC, DV cases on your own. You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

www.lawkonect.com