Judgment on reconciliation of marriage
PARTHA SARKAR
(Querist) 07 September 2011
This query is : Resolved
1. Is there any such judgment available that court has directed few days holiday trip for both husband and wife with protection of police force during the process of reconciliation of marriage (RCR Execution proceeding) to start conjugal life again? Court will arrange or fix the destination but expenses will bear by the parties / party.
2. If a wife submitted her reply to the Ld. Court that she want to stay with the husband during the execution of RCR ex-parte decree and surprisingly outside of the court threatening her husband to get agree for divorce on mutual consent (13B). If the husband proceeds the instant case will face music of the court/ jail along with bundle cases which makes his life measurable. Under these circumstances is there any such judgment available that if wife try to lodge false FIR on the same day or later against her husband u/s. 498A of IPC etc. police will investigate first before arrest.
Raj Kumar Makkad
(Expert) 07 September 2011
1. There need not such case law as this is not the decision of any case rather it is the mode of wise Presiding Officer to bring the disputing parties under one umbrella. Any judicial officer can adopt this procedure, if it comes to his mind. Some other modes can also be applied.
2. It is practically i almost all cases to investigate first and lodge FIR thereafter especially in matrimonial cases, such matters first go to Women Cell and then conciliation proceeding takes place and further procedure is initiated thereafter so there is no need for case law for this purpose as it is a settled law and procedure.
