1) it takes around 5 years to obtain decree under section 9 of HMA for RCR

there is no time frame

2) depends upon pendency of cases in family court

3) you have to file affidavit of evidence . you and other witnesses would be cross examined by your spouse

4) similarly your spouse would lead evidence subject to cross examination

5) after arguments court would pass orders

Dear Querist

Immediately file an application under section 21B of Hindu marriage act and claim that the petition should be decided within six months

because as per section 21B Special provision relating to trial and disposal of petitions under the Act.

(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Feel Free To Call

1. Nobody can predict the exact time in a HMA case. If interim orders are challenged in the HC it would multiply the time. One should be prepared to invest 2-3 years in the culmination of the proceedings,

2. Lead your evidence if the court has fixed the case for this purpose.

Five years is a fairly long time for a RCR to get decided. File a writ in the High Court for expediting of this rcr. The court may direct the family court to dispose this off expeditiously.

There is no time frame. It depends on how your lawyer pursue the case.

Procedure:

You file the RCR. Notice is sent to the opposite party. Opposite party marks and appearance and files her WS. You file you evidence and the opposite party files there evidence and then the case is listed for final arguments.

Regards

1. No body can predict the time a case will take to be disposed of.

2. It depends on various factors not with in the control, of the Court o yourself.

3. It may take even 3 to 5 years if well contested by the other side.

4. However, filing of RCR is of no use since even after getting order as per the RCR petition, the wife might refuse to join you for which non legal,action excepting filing a divorce suit can be taken against your wife.

5. The whole exercise of filing RCR may yield no result finally.

1. No, there is no time frame within which the said RCR petition will be disposed of since it depends on various factors.

2. Moreover, there are lakhs of pending cases and the delay may further increase depending on the load on the Court.

3. Filing of RCR is not of that useful as has been detailed in my earlier post.

How much time does it take to get a decree in a RCR case under the HMA -Sec 9

The time taken for disposal of a case will depend on various factors hence it is not predictable.

I have filed a RCR against my wife in 2012 under the HMA -9. Hearing is going on and court is asking for evidence after evidence.I want to know till when can a RCR case go on till a decree is passed.Is there a time frame?I am also interested in knowing the detail procedure?

The court will not insist on evidence, it is our lawyer and the opposite lawyer who are stretching the case in the name of prosecution witness and defence witness

First you understand the process of the case.

After she appears before the court you have to begin trial by deposing your own evidence as prosecution witness No.1, and after that you can examine your side witnesses, the opposite lawyer will cross examine the witnesses.

Once this is completed the defence side evidence will begin and once it is completed both the sides will be asked to argue the matter after which the court will dispose the case.