• Disputes between husband and wife

Can put 420section on my wife and on her parents we got intercaste marriage and we got married in temple with support of our friends only we got married on Dec 9th 2016 we kept secretly about our marriage relationship with both families but I informed my mother in law about my marriage with her daughter she also blessed us and said to get registered our marriage unfortunately on August 5th 2018 my father in law came to know about our marriage relationship he tried suicide attempt from that incident my wife totally changed from my side to her family side now she is telling me that she don't want to continue any kind of relationship with me she changed her contact number she blocked me in all the social network access my intention is to stay with her but she refusing that I have sent legal notice to her residential address naming her but she refused to take now I m gonna claim restitution of conjugal rights on her what will be the next step if she even don't take or receive the court summons Plzz help me in my issue.
Asked 5 years ago in Family Law
Religion: Hindu

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9 Answers

Hello,

There can not be any case under section .

Also, please understand that you can not in any manner force her to live with you, even if your marriage was a legal marriage.

If she does not appear in the case of RCR then the court will proceed ex parte and pass an order.

If you get an order in your favor then execution of the same will be very difficult.

Before going forward with the legal option try and settle the matter amicably otherwise bear in mind that no court or order can force her to live with you.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

even if she refuses the legal notice it is deemed served. The court will proceed exparte if she doesnt receive the court summons. you can proceed by filing restitution of conjugal rights.

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Dear,

If you complete all rituals in your Marriage according to Hindu law,

than your marriage is legal otherwise not.

Then you file petition for restitution of conjugal rights otherwise forget her

no law help you if you both are not legally married.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1) if your wife does not want to stay with you then dont file for RCR

2) best option is to file for divorce by mutual consent

3) no case of cheating is made out against wife

4) contested RCR cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Sir court will pass ex-parte order on restitution of.conjugal rights. See even after order court cannot force her to live with you but then if she refuse afterwards you can take divorce on same grounds.

Further in your situation try meeting her parents.and family rather then running in courts that will help.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

When your wife refused to recieve the legal notice than you need to prove the fact to the court that you have sent the legal notice through any post or by whatever means.You can file a case under section 9 of Hindu marriage act for restitution of conjugal rights.

if the summons served and nobody turned up , you can ask for an exparte order. court will post it for ex parte evidence and in another two dates court may give an order.

RcR order is effective for one year and during this time your wife does not join you then you can approach the court with a divorce petition.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You have to file section 9 of Hindu Marriage Act which is the Restoration of conjugal right and if your wife does not respond it will go ex Parte after that you can file divorce petition on the ground of restitution of conjugal rights and desertion by wife

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If your wife refuses to accept the summons sent by the courts it would be deemed as a valid service and in kiss she fails to appear before the court on the date of hearings consecutively, she would be preceded ex-parte and you would get an ex Parte decree of restitution of conjugal rights

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Again send her a legal notice calling upon her to come back to you and join you in the matrimonial home.

You can take your chance and also file a writ of habeas corpus in the High Court or your may file a petition for restitution of conjugal rights.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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