• Proceedings after RCR

Hi,

I got Married in May 2015. couple of months later, My Wife left me with no proper reason and stayed in her parents house. then my Wife and her parents started avoiding me and not giving any proper reason for separation. whenever i tried to reach them, they gave silly reasons and avoided me.

In between, we had a Girl child born in March 2016. Still My wife didn't return to my house even after requesting many times. Seeing this, I applied for RCR in Bangalore family court.

During Mediation, my wife couldn't give any proper reasons and just made said, I didn't visited her parents house enough times. seeing this the Mediator instructed her to come and stay in my house. the order was passed in October 2017.

In order copy it is clearly mentioned that, i have not demanded any money, gold or Jewelry at any part of our marriage. the date of separation is clearly mentioned too (from Dec 2015 to September 2017).

after coming to my home in October 2017, she stayed for couple of months and went to her Parents house for her brother's marriage. she came back around about 2 months later. 

During May 2018 again she left my house for a function in her parents house. however, not returned till date. She or her family members are not answering my calls.

I need your legal advise on my below questions.
1. What can I do legally next
2. I am not in favor of Divorce as I have a girl child
3. If I go for requesting execution of the RCR order, do i have to face another Mediation process.
 
Please advise.

Thanks,
Harish Nagachar
Asked 5 years ago in Family Law
Religion: Hindu

4 answers received in 30 minutes.

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11 Answers

1. Sir a RCR can be filed again along with the custody of child you and your wife should get marriage counselling done. Further court can refer you for the mediation to sort out the differences.

Since earlier order was executed she returned back a fresh application can be filed before the family court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hindu Marriage Act, 1955 Section 9 is to save the marriage (RCR). The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.

There are three important requisites to be fulfilled for Section 9

Spouses must not be staying together.

Withdrawal of a party from the other must have no reasonable ground for such withdrawal.

The aggrieved party must apply for restitution of conjugal rights.

The basis on which petition for Restitution of Conjugal Rights can be rejected

If the respondent is capable of claiming any matrimonial relief.

If the petitioner accepts that he has committed any matrimonial misconduct.

If the petitioner’s action makes it impossible for the respondent to stay with him.

Now coming to your question

You can ask for one more RCR and may go through the mediation process.

I appreciate you are not in favor of divorce, but the situation may demand Divorce in your

case.

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

you can file a petition under section 9 of the Hindu Marriage Act with deals with restitution of conjugal rights.

Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

Section 9.

Restitution of conjugal rights - 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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Even if you seek execution of RCR decree you cannot force your wife to stay with you

2) best option is to file for divorce as inspite of RCR decree wife refuses to stay with you

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

In fact right now you have no legal option but if the situation prevails for more than six month you may send legal notice to her to join the matrimonial house.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi, since she had come after passing of order, the execution may not be filed now. however, you may file a fresh case again, citing all these reasons.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. You've the option to file an execution under Order 21 Rules 32 and 33 of the Code of Civil Procedure. Alternatively, since you've a fresh cause of action, you may prefer a fresh RCR. I'd suggest you to go for execution.

2. There'll be no mediation in execution.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Firslty, as you already having an order of RCR, and it has been executed when she came back to you.

Secondly, once she came then the order was complied by her, but now as she has left you may not succeeded in execution.

Thirdly, but, yes you my make an application in the same RCR petition seeking revival of the same. And yes, you may have to again go for the mediation process.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

You said “Mediator instructed her to come and stay in my house. the order was passed in October 2017.” this is not the Court order. Opinions expressed by the mediators are not court orders and cannot be executed. The court must record your evidence and then ask the other party to cross examine then they must be examined etc. Then judgment will be pronounced. If even after one year of decree in RCR then you can file Divorce Petition and get the divorce easily.

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Section 14 in The Hindu Marriage Act, 1955

14 No petition for divorce to be presented within one year of marriage .—

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 28 [unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 29 [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 30 [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 31 [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the 32 [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 33 [said one year].

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

1. Even in the execution proceedings of RCR decree the court cannot force her to return to her matrimonial home. The only benefit of RCR is that the wife can lose her right to claim maintenance.

2. No mediation is to be done in execution proceedings.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can decide whether to continue the marriage or not. If she is adamant once again then you may ask her to part ways through mutual consent divorce or you can decide to file a contested divorce on the grounds of cruelty.

2. You cannot force her to live with you against her willingness.

3. Once she had returned to her matrimonial fold after the decree in RCR case, there is no question of executing the decree once again subsequently.

The decree has been enforced hence you can't use the same for subsequent events.

T Kalaiselvan
Advocate, Vellore
84712 Answers
2172 Consultations

5.0 on 5.0

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