Plz help

can u plz guide on wht could be done to make things in her favour now.. would b very greatful.

I do agree with kamal.

can u plz guide on wht could be done to make things in her favour now.

well once 498-A has been filed by the wife the burden of proof lies on her and as far as Sec 9-RCR is concerned filed by her husband you should make it clear that the cae is at which stage--i have a ruling/citation of uttranchal high court for the same also.

thnx jatin. she has all the proofs to prove sec 498 with her.  Well section 9 case is still in court. no RCR has been ordered by court. one reply was filed by my frnd 1.5 years back sayin tht since inlaws demanded money and her husband himself left her at her parental home she is unable to join the company out of fear of her life. court has issued some concerns to her huband and asked him to file a reply which he didn't for the last 8 months. now she want to file any such reply which can save her from her huband forming ground for divorce.

Now if he file any reply then ask ur lawyer to reproduce provisions of CPC and husband will not be able to file reply as 90 days have already passes.

Good luck.

thnx. simultaneously can my frnd submit in writing tht she is ready to join the company provided he will demand any thing....

Well preeti, it is her husband application, either the court will grant RCR or refuse. Whatever the court grants, it is in his favour. Wife wants to live her husband, and husband if filing RCR- no body can stop them from staying together. And if somebody does not want to stay together, no body can force. This RCR appears to be a mere legal ploy.

Say for example, if a court grant RCR to anybody and the other party stays together- but does not talk to the other person- is it restitution?

Two persons can stay together only when both of them wishes so. If anyone does not want to stay, the other person should respect his/her wish.

Mr Rajesh's advice is good and practical.

Perhaps you are little bit confused. The act is this.

“9. Restitution of cojugal right.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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

Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

13. Divorce

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

 (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.”

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CASE  STATUS

1.    Her husband filed a case under sec 9 of HMA against her.

2.    She refused all the allegations he made on her

3.    She filed her reply, almost 1.5 years back saying that since in laws demanded money; and her husband himself left her    at her parental home; she is unable to join the company out   of fear of her life. She attempts for reunion but failed.

4.    Almost two years they living separately.

5.    Section 9 case is still in court, no RCR has been ordered.

6.    Court ordered the husband to file a reply which he didn't, for the last 8 months.   

7.    No further progress at court.

Your  grounds:-

1.    They demanded Dowry.

2.    Husband left her at her parental house, as she unable to bring in the dowry from her parents.

3.    A meeting was held to solve the matter. There husband refused to live with her without money. (Who were present there? Are they ready to give witness of it).

4.    She filed a case of 498A against them

5.    She still want a reconciliation provided  that they will not demand any dowry.

6.    As they frequently demand money therefore She unable to join his company.

7.    She afraid that if she returned back without dowry anything could be happened with her life, and no one could do anything thereafter. Its only under fear of her life. She filed it in reply

8.    She has sufficient proofs to prove the sec 498.

9.    In her reply to the petition under sec 9 of HMA, submitted almost 1.5 years back saying that since in laws demanded money; and her husband himself left her at her parental home; she is unable to join the company out of fear of her life. She attempts for reunion also but failed.

Husband’s  grounds:

1.    He blamed her and her parents, for physical cruelties.

 YOUR  QUESTIONS:-

1.    What is the grounds of husband? Can he file for divorce on any grounds?

       Ans : If without reasonable excuse, one party in a marriage withdrawn the society from the other. This is the only ground available for RCR. The said husband avail it.

2.    Very cleverly, you asking about the - loopholes in section 9.

       Ans: ‘without reasonable excuse’.

       The husband submitted innocently that - without reasonable excuse – she left the matrimonial home.

       The wife submitted the reasonable excuse, - that since in laws demanded money; and her husband himself left her at her parental home; she is unable to join the company out of   fear of her life. She attempts for reunion also but failed.

       So far, well done. The burden of proving reasonable excuse shall be on the person who has withdrawn from the society means upon the respondent / here wife.

3.    What could be adverse effects of this section 9 on her?

       Ans: if she fails to prove the reasonable excuse, then she   may lost, the maintenance and the marriage tie.

4.    Does it help her husband in getting divorce easily or what?

       Ans. Yes.

5.    can now she file a response that she is willing to join - minus dowry?

       Ans: Have you not replied the same, in your reply submitted as written statement. If not, submit your this intention as re joinder as WS.

6.    her only concern is she doesn't want divorce, will silence go against her?

       Ans. Perhaps you already submitted it in WS.

7.    What could be done to make things in her favour?

       Ans: (i) Are she getting maintenance? If she not employed anywhere and dependent on her husband, she should claim it. (ii) Mention at court that husband not yet replied. Without which, the court cannot proceed further.

8.    Now she want to file any such reply which can save her from her husband forming ground for divorce.

       Ans: Husband already in the process of divorce. Press him through court to summit the answers, against the complain of wife, without which court proceedings could not progress.   Perhaps he feels difficulties to ans.

9.    Simultaneously can my frnd submit in writing tht she is ready to join the company provided he will demand anything....?

       Ans: may submit, if not yet done. If already submitted then wait and see.

Thanks you so much to all of you in helping us. Arup sir,  In your answer to my question number 2, u mentioned tht the " The burden of proving reasonable excuse shall be on the person who has withdrawn from the society means upon the respondent / here wife". kindly clarify if the reply submitted by wife is not sufficient to prove this. can she submit proofs for her statements so tht there will not be any more doubt. at the time of meeting between them there were family members and relatives present. they have already submitted there statements. As for point number 7, she is working and does not intend to claim any money from her husband.

All she want peace in her life and want to make every possible effort to save her marriage.

yes you may submit. but in detail your requirements,like fear of life; no dowery demand etc.