yogesh (will tell you later) 14 July 2010

whether court can dismiss the petition on the statement ?

Dear Sir,
I have filed the petition under section 9 of Hindu Marraige Act on the behalf of my brother in the Disrict Court against his wife for grant of decree for restitution of the conjugal rights as she has left the matrimonial house without any reasonable cause
The Court has issued summons and has fixed for the next date of hearing

If on the next date of hearing if his wife falselly alleges before the court that she is ready to come to matrimonial house

Please inform whether court can dismiss the petition merely on his statement?
If the petitioner(who is my brother) wants to pursue the matter whether court can provide him decree?
Regards

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4 Replies

Munirathnam (Scientist) 14 July 2010

Hi Yogesh,

Your brother asked his wife to come to home. She accepted to come and join. Why court needs to run the case further....

It appears RCR file to harass wife hoping that she will not come to home. Now be careful once comes back to your brother home, she may file 498A, DV and 125 CrPC with the bouns of Divorce etc. Now you plan to face these cases .

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 14 July 2010

Court can dismiss the matter but if you have doubt then you can express your doubt to the court and pray the court to direct her to join your brothers company and fix another date so that on next date they both will appear before court and withdraw this petition.

Even then if court will dismiss this case in light of statement of girl then in future if girl did not come to you then you can file this case again then court will be strict in this matter.

Regards