LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SB (Software engineer)     21 October 2024

Wife filed rcr followed by interim maintenance case

Dear sir, we were happily married for 14 years and have a daughter of 11 years. Due to personal and professional issues we decided to move to the our native(both from same town) from metropolitan city as I have permanent WFH. But suddenly my in laws interfered and encouraged my wife to shift back to city and denied access to my daughter demanding to follow them. I have sent legal notice and then filed a divorce petition 1 year ago. During mediation judge suggested my wife to unite with me in my town for which she refused. She is post graduate and running a boutique shop in the city. She has filed intern maintenance case 2 months ago, it is in the progress. Now she filed RCR case and hearing is in next month. I am badly missing my daughter and concerned on her future, now thinking to accept their demand of moving back to city. Kindly suggest how to proceed with RCR case, what are consequences of my decision of reuniting with them. 



Learning

 5 Replies

Dr. J C Vashista (Advocate )     21 October 2024

File a petition u/s 7 of Guardians & Wards Act through your lawyer for custody of minor daughter and visitation rights lis pendence.  

1 Like

T. Kalaiselvan, Advocate (Advocate)     21 October 2024

If you are still willing to rejoin her and live together then talk to her to withdraw the RCR case and you withdraw the divorce case  especially considering your daughter's life and future. 

You can interact with her in the mediation session and express your willingness to rejoin her. 

The pros and cons may be analyzed before deciding to rejoin her 

1 Like

Real Soul.... (LEGAL)     21 October 2024

RCR has proven always useless and futile , when one is not willing to live togather law cannnot force him or her, but still this process is adopted by some advocates to get money from clients . Even if decree is passed the judge will force two unwilling perosns to live togather ?

 T. Sareetha and Saroj Rani regarding the restitution of conjugal rights. In Sareetha v. Venkata Subbaiah, the Andhra Pradesh High Court ruled that Section 9 of the Constitution, which provides for the relief of restitution of conjugal rights (RCR), is unconstitutional because it violates both Articles 14 and 21 of the Constitution (the right to privacy and the right to liberty)(Right to equality).

Just file for custody of child and meeetings in the court, no one can stop you from meeting your own kin, and maintenance is matter of evidance , if you have enough evidance that your wife has enough income to maintain herself then you need not to pay anything for her

1 Like

Dr. J C Vashista (Advocate )     22 October 2024

Rightly analysed and advised by expert Real Soul, an order/ judgment u/s 9 HMA is a toothless weapon in the hands of petitioner, if allowed.

1 Like

SB (Software engineer)     23 October 2024

Thank you so much for your kind replies. "Notice To Respondent Of The Day Fixed For The Hearing Of The Appeal. [O. 41, R. 14]" , this is process title of new RCR case. I will discuss with my lawyer and attend on mentioned date. Anything I need to worry on O.41 R.14 sir?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register