Sec 9 rcr hma done by husbent.
BIKRAM
(Querist) 21 December 2012
This query is : Resolved
Dear All,
I got married in Dec’2010 as per Hindu marriage act. It was arrange marriage and was held in WestBengal. At present I am in haryana.
After 14 months of marriage life , my wife get pregnent and at the 7 mounth pregnancy she went to her parent house.on june 2012 she give a healty baby(boy)birth. During this pregnancy her mother brain wash her and then she giving me so many condition for coming back.On several occation i tried to come back her but she reffused every time. he then started torturing me and my old mother and She threated for falls leagal action. she has no respect upon the elderly people of the family and she used to abuse me and my family members in filthy language without any reason.When i go with my member for coming back her then she not only abuse us and also try to do falls 498a case.Finally they cant filed 498a but She tortured me and my older mother from every corner mentally.
She dont want to leads a happy marital life with me but i always love her. then i send her a legal notice under section 9 (Restitution of conjugal rights) but she never appear in court or reply on same. It still under pending.Now she is filed sec 24 for maintenance(Rs8000+8000) her and child.
Please suggest me on below queries:
1. What will the ground that I appeal forcefully to comeback to me. 2. Can I refuse this maintenance although i had already paid all the medical expendature and also paid Rs 2000 in every month by money order.
3.What kind of evidence do I need to get back her soon?
4. Is there any law to visit my son.
5. I have a flat in my name where my parent only living. So is there any chance for my property dividation if my wife try to Divorce.
6. Can i transfer my Sec9 RCR to another court in my nearest place.
Devajyoti Barman
(Expert) 21 December 2012
1. Suit for restitution of conjugal rights but no force could be exercised to make her return.
2.No
3.No sooner remedy is there. Even after passing of RCR decree she may refuses to come back.
4.Yes file petition u/s 26 of HMA.
5. Transfer it in favour of your parents. She may try to obtain restraint order in its respect in DV case.
6. You may try but the result would be negative.
M V Gupta
(Expert) 21 December 2012
1.Tell us the grounds urged in the RCR appln filed by you so that suggestions can be given 2. You may resist the claim for her maintenance on the ground that she had deserted u without any justifiable cause and that she has been refusing to come back to u even after repeated requests made by you and ur elders. But u cannot refuse maintenance to ur child.
3.This is best decided by your Advocate.It depends on the grounds urged by you in ur appln.
4.Yes.move an appln in ur RCR petition for the purpose. You will definitely get favourable orders.
5. In case of divorce, ur wife will not have any claim to ur properties except to claim return of her stridhan such as jewellary and other gifts given to her at the time of marriage and gifted by you thereafter,if any.
ajay sethi
(Expert) 21 December 2012
agree with experts
BIKRAM
(Querist) 23 December 2012
Thanks To all my Respected Experts.
BIKRAM
(Querist) 26 December 2012
To
Mr Barman ,
Sir, My Advocade told me not required to come on 1st date which was 03.12.12 dated and he also told me that,he can handel also on 2nd date (08.01.13).
1.Can he handel all the things in absence of me ?
2.My advocade alredy talk with my father in law, i hope he is not making me fool.
Raj Kumar Makkad
(Expert) 29 December 2012
1. Yes, if he is capable to do so.
2. We experts cannot help you in this regard if you are confirmed about your allegation against your lawyer.
BIKRAM
(Querist) 09 January 2013
Respected Experts,
My wife not coming back after her baby(boy) birth on 17/6/2012,On several occasion i tried to come back her but she refused every time.Then i send her a legal notice under section 9 on 5/9/2012 then she is filed sec 24 on 3/12/12 for maintenance(Rs 8000+8000) her and child.Next 13/2/2013 dated is the last date for WO & WS.
Now my wife is ready to comeback but she does'n want to sign solenama, although she is agree to give her statement or witness.
1.Respected sir, pls. guide me, how can i get back my wife & son without having any risk in future.
2.If my wife gave a statement that, she is ready to join with me & also she willing leave happily with me.
Then can i get a certified copy from the court?
Please sir give me your valuable advice.
ajay sethi
(Expert) 09 January 2013
if yourwife is ready to come back your problem is solved . if she is willing to make such a statement have the staement recorded . let her withdraw her claim for maintenance .
M V Gupta
(Expert) 09 January 2013
I agree. You should get the statement of your wife recorded in the court and see that ur wife withdraws her application for maintenance.
Raj Kumar Makkad
(Expert) 09 January 2013
It is strongly advised to bring your wife to the court and get recorded her statement as you told and then bring her to your home and leave happily and the certified copy of her statement can be obtained by you as and when required.
Raj Kumar Makkad
(Expert) 09 January 2013
It is strongly advised to bring your wife to the court and get recorded her statement as you told and then bring her to your home and leave happily and the certified copy of her statement can be obtained by you as and when required.
BIKRAM
(Querist) 26 July 2014
Respected Experts,
Presenty working at haryana which was our matrimonial place.
My sec 9 rcr was filled at west bengal, reconciliation was failed. It is now witness stage(2 years) but last 4 month no activities was done due to court leave/slow procedure. Sec 24 maintenance Rs.8000 was given 2 times , now last 4 month(Rs.32000) pending. Sec 26 child visitation order not followed by wife. They are going for stay petition.
What should i do??
Please suggess , they are just playing with my emotions.
Should i move for divorce? & where?
