Magan 15 August 2017
Adv Radhika Mehta (Advocate) 15 August 2017
Restitution is one Decree which cannot be enforced. So the Court cannot force you to take her back to your house. However, she can file for execution of an RCR decree in terms of Order 1 Rule 32, CPC by seeking attachment of your property.
If your wife wins the proceedings U/s 9, HMA but you dont allow her entry into your house, then a year later you cannot file for Divorce as you cannot take advantage of your own wrongdoing. Please change your lawyer as he is misguiding you.
Azhagananth (Lawyer) 15 August 2017
Section 23A in The Hindu Marriage Act, 1955
23A Relief for respondent in divorce and other proceedings. In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner's adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground
So you file another I.A as counter claim petition under section 23A, in the Section 9 petition filed by your wife. don't opt for multiplicty of proceeding and waste your time and money.
Siddharth Srivastava (Advocate) 15 August 2017
KS Johal 16 August 2017
Magan 16 August 2017
Magan 16 August 2017
Magan 16 August 2017
Magan 16 August 2017
Adv Radhika Mehta (Advocate) 17 August 2017
You mean to say that if your wife's Petition for Restitution is dismissed, can you apply? In that case, you dont need to wait for a period of one year and also for rejecting a Restitution the Judge would need to observe something negative about your wife's conduct. You can definately use and harp on the said observation.
Magan 18 August 2017