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Biswa (Service)     03 May 2012

Is it necessary to send a legal notice before filing rcr

Hi, Is it necessary to send a legal notice before filing RCR. After sending the legal notice if the defence party file falso dowry or 498a case then what to do?



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 7 Replies

R K........ (Analyst)     03 May 2012

Very good question..

U can file an RCR and don't let the summons reach the other party.. So they will not get to know that u have filed RCR. Also if they ever file case for dowry, then the RCR filed by you will help u

Biswa (Service)     03 May 2012

So is it necessary to send the legal notice before filing RCR?

R K........ (Analyst)     03 May 2012

No..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 May 2012

Dear Querist

as per section 9 Hindu marriage act there is not mention about the Legal Notice read below:

9. Restitution of cojugal right. 1[ When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights land the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

1. The brackets and figure" (1)" omitted by Act 68 of 1976, s. 3.

1[ Explanation.- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of prov- ing reasonable excuse shall be on the person who has withdrawn from the society.] 2[

Feel free to call

Biswa (Service)     04 May 2012

But as I have send the legal notice through my lawyer. So after how many days I can file RCR

Shantanu Wavhal (Worker)     04 May 2012

RCR can be filed any time. No specific time limit.

no need to send legal notice before hand.

Biswa (Service)     10 May 2012

I have send a legal notice and after 5 days I filed RCR against my wife. Meanwhile my father in law called my father and told to warn me. He will not send his daughter. They want divorce. Please suggest me what to do now.


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