Legal Question in Family Law in India
my sister has seperated from her husband, and is living with us for over a month now. If her husband, who lives in another city, files RCR petition in his city family court, can we request to shift the court? secondly, can we claim the expense of the case to be borne by him, and if yes, does it also include the lawyers' fees? lastly, how long does it take for the RCR decision to come through? I must admit my sister has no vaild reason for staying seperate but has acted on whim and has run away with the infant girl child.
2 Answers from Attorneys
it is you who is saying that she has no valid reason but she must be having a good reason for leaving. you cannot compel him to stay with her and can claim maintenance, compensation etc for your sister and her daughter. you can claim all the expenses from him.
a) Yes, you may seek transfer of the case;
b) Yes, the expenses and spousal support may be claimed.
c) time consumed in litigation may not be predicted.
d) If there is no serious complaint against the husband or his family, she may reconsider her decision and join her family.
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