• RCR section 9 under HMA

Dear sir,
I have filled RCR ,section 9 under HMA to get back join with my family to my wife.
The judge allowed for reconcilation for 3 times & failed.
They filled counter petition with MC case, & legal assistance case.Here case is her father is Sr Advocate in the same district court.
She stating in petition all are false.Looks like wantedly my wife dont want to join with me & after judge request also my wife dont want to show my 2yrs daughter for last 7 times court attendings.After 6 months filling of RCR,now the stage is Enquiry.
1)In this case, can i file counter to their petition & MC in a separate.However my advocate will go with chief exam....
2) How can i face interm MC case,as she worked in pvgt sector,now she is not working but she has high professional master degree & her father is Sr advocate. DO i need to submit my salary slips. else shal mention some figure on MC counter petition?
3)For this RCR case, what ever we mentioned in the petition,what type of proofs/witness like persons,audio records etc...i need to submit to court@Cheif exmanitaion ?
4)If at final judgement,judge will pass to join my wife with me.What should be the next step,if even my wife not joined with me after grant of RCR decree?
Asked 7 years ago in Family Law
Religion: Hindu

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30 Answers

You should produce your salary slips to prove your income 

 

2) make application calling upon wife to produce her last 3 years income tax returns, bNk statements 

 

3) court would consider her qualifications and that she has worked in past 

 

4) her father income is immaterial 

 

5) RCR is useless. Even if you get decree you cannot force wife to stay with you 

 

6) in examination in chief you have to refer to documents in your possession 

7) you need to produce your compilation  of original  documents 

 

8) you can file for divorce after expiry of one year of RCR decree if wife refuses to stay with you 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

1. Yes a counter to application of maintenance can be filed if she is earning or qualified on same grounds it can be contested.

 

2.see on qualification it can be contested that intenitionally to gain maintenance she is not working father's ground is of no use.

 

3. That you were good your wife requested her to come home but she has wilfully desterted and not coming.

 

4. If she doesnot join then divorce can be taken she cannot be forced 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Yes, do file your pleading first and then go for evidence.

2. If you can prove her income then there is no question of rnting maintenance. Howeevr if you fail porve her job then you can escape liability of maintaining your wife and the children.

3. Produce whatever evidence you have but electronic evidence is formally porved only in certain circumstances.

4. If your wife refuses to comply with the RCR decree then after one year you can file suit for divorce . Or you can file execution proceeding to implement the decree by attachment of her properties/salary.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. Yes, you are free to file a reply to their MC and other applications.

2. Incase she has deserted you without any justt and sufficient cause, she's doesn't even deserves a penny from you as maintenance.

3. Any documentary or electronic proof which demonstrates that she left you without any just and sufficient caaue

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

  1. Firstly, as per the information mentioned in the present query, makes it clear that you want to cohabitate with your wife again.
  2. Yes, you may file your counter to her MC stating that she is an educated women who is intentionally not working just to get money from you.
  3. It is after the recent Supreme Court judgment, which says that if wife is capable of earning then she  doesn’t need to ask for MC.
  4. You may file a Writ of habeaus corpus for getting visiting rights to your child if you wish to not to go for long litigation for the custody of the child eventually if you happen to start the same.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. There should be proof of demand of the dowry, harrasment for it.

2. Borrowing money is no offence ecen if contended.

3. Sir in this situation it would be best to go for a mutual divorce without paying a penny if she want to seperately donot force her as it will further create trouble only give them option of mutual divorce without any alimony.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

She needs to join you if court passes order in your favour. Otherwise she needs to challenge the same in Appellate Court. If she is capable & qualified  to work court may not grant maintenance to her.

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

1) evidence of her family members would be accepted by court of giving of dowry 

 

2) you can cross examine the witnesses 

 

3) wife has no share in your property 

 

4) she only has right to stay in her matrimonial home 

 

5) contest the false cases . After 2 years wife will settle with you if she wants to remarry again 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

section 3(1) of Dowry Prohibition Act bars giving, taking or abetting dowry. The definition of the section is:

If any person, after the commencement of this Act,gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. yes you an file a counter to the said MC petition. 

2. Take the defnse before the court that she has the capacity to work and therefore the interim relief be not granted to her. 

3. Any document, recording which proves your case should be produced in the affidavit of evidence. 

4. If after the decree also the wife does not join you then you will have to file an execution application Note that even if you get RCR decree in your favor then also you can not compel your wife to join you. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

From the facts as told by you I can see that they are trying to create mazimum pressure on you so that they may later claim good amount for settelment. 

You have a good case, you should fight the same at the moment. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.  You are required to file counter to her MC case, which you dont delay, the RCR case is different to that.

 

2. You deny her allegations in the counter to the MC.  You can state that she was employed in so and so firm and she is highly qualified hence capapble of earning whereas she intentionally ignores the fact just for the purpose of getting maintenance from you. You dont produce your salary slips, it is she who has to prove your salary income with proof.

 

3. You can produce the evidence in your possession before the court to prove your case.

 

4.  If she is not joining you even after a decree is passed, then after two years you can file a divorce case on the same grounds.

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

1.  She has to prove her allegations, you can deny the same during cross examination.

 

2. This also lies on her shoulder to prove.

 

3.  In my opinion, your imaginations do not hold ground, if you want to file divorce case you can very well file the same, neither she can claim a share in your property nor she has a right to do so even in case you file a divorce case against her.

Therefore yo can withdraw this RCR case even now and file a divorce case if that will fetch you the relief and solutions desired.

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

1.  She has to prove her allegations, you can deny the same during cross examination.

 

2. This also lies on her shoulder to prove.

 

3.  In my opinion, your imaginations do not hold ground, if you want to file divorce case you can very well file the same, neither she can claim a share in your property nor she has a right to do so even in case you file a divorce case against her.

Therefore yo can withdraw this RCR case even now and file a divorce case if that will fetch you the relief and solutions desired.


1.  She has to prove her allegations, you can deny the same during cross examination.

 

2. This also lies on her shoulder to prove.

 

3.  In my opinion, your imaginations do not hold ground, if you want to file divorce case you can very well file the same, neither she can claim a share in your property nor she has a right to do so even in case you file a divorce case against her.

Therefore yo can withdraw this RCR case even now and file a divorce case if that will fetch you the relief and solutions desired.


1.  Yes you can file a petition before court asking her to produce the relevant documents pertaining to her previous employment but not under section 91 cr.p,.c.

2. Section 91 is not maintainable in civil cases.

3. It is not maintainable in civil cases, hence you dont think about this provision, you can use the provision of law in the CPC for this, you may discuss with your advocate on this.

4. Yes.

5. In mutual consent divorce, the case will be disposed immediately whereas in the contested divorce it may drag on for years.

6. You can file a case even though the child shall remain in the custody of mother till it attains 5 years of age.


1.  Section 91 cr.p.c. is not applicable to the civil cases. The notice of Production of Document to the other party who is in possession of the documents which are supposed to be relevant for the proceeding of the case. Proofs and pieces of evidence are highly in demand by the court to decide the case. The evidence and proofs may in form of the official document. Documents can be the receipt of payment made between parties, official certificate/paper or signed paper of agreement, certificate of birth etc.

Order 12 Rule 8 of Civil Procedure Code, 1908.

2. Section 91 cr.p.c. is not applicable to this case.

3. see the above answer.

4. Yes.

5. There is no loss or profit to you if you file the contested divorce case against her if she is not willing for mutual consent divorce.

6. As per law the child shall remain in the custody of mother till it attains 5 years of age, however you can file a child custody case, let the court decide

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

Yes you can get the information through RTI. You can file single petition. It will not work in family court it will work in the magistrate Court for domestic violence. Still you can take directions from the Court against them to submit the necessary documents. Yes if main petition is dismissed interim petition doesn't stick

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

You can file application in family court to call upon wife to produce her income tax returns, bank statements for last 3 years 

 

2) single application would suffice 

 

3) you are at liberty to withdraw RCR 

 

4) MCD is best option 

 

5) custody would be given to mother of 3 year old daughter 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

1. You can give notice through the court gou can do it in an single application.

2. A sigle application for same can be filed.

3 yes.

4 See interim maintenance is pending RCR if you withdraw case it stop though she can file for permanent maintenance then.

5. If she is ready then mutual consent divorce is good otherwise you have to consent it on ground of cruelty.

6. Child below age of 5 generally resides with mother though you can contest custody.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. File an appeal against the said order. 

2. Section 91 crpc application can be filed in some pending criminal case only, consult your advocate locally. 

3. If it is a criminal matter then only 91 can be filed

4. No

5. There will be no loss to you 

6. it will go to the mother but the father will get the visitation rights 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can serve a notice to the earlier advocate that you are not willing to continue and seek NOC. Later you can apply in court to change the advocate and with leave of the court you can file vakaltnama of new advocate on record

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

1. See you can approach high court challenging the order but no use if she is working and there is no record of same. Though you can pray for reducing the amount as per your income and liabilities. 

2. An application for same can be filed asking her to produce the documents on record or if you have details of his employer then name of same can be given.

3. File a petition before the high court to transfer the petition to different district as the post of father can influence the case. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are at liberty to change your lawyer

2) you should have made application calling upon wife to produce her income tax returns, bank statements as mentioned herein above 

 

 

3)you can file writ in HC against interim maintenance order 

 

4) fir transfer of case you ha ve to file application in HC if you need transfer to another city in sane state 

 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

Since this is a civil case section 91 cr.p.c. may not be maintainable however you can file a petition seeking her to produce the desired documents or to summon her employer to furnish her employment details and the salary income details.

If you withdraw the RCR petition the pending IAs will get disposed automatically upon the withdrawal or disposal of the main petition.

If you file a contested divorce then it may stretch for years together, if it is a mutual consent divorce then it may be disposed within a matter of 10 days also.

The child shall remain in mother's custody till it attains 5 years of age


If you dont get a proper reply through RTI then you can file an appeal agaisnt the information furnished seeking more proper information.

Section 91 cr,p,c will not be applicable for section 24 HMA becasue it is criminal in nature.

You can file a transfer petition on the same grounds that her father is a local lawyer and is influencing all the courts with his power and influence, let the court decide.

You can change the lawyer even without his consent by informing about this in the open court

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

File an appeal against the said order before the HC saying that the grounds taken by you have not been considered by the court below 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You have to through your lawyer withdraw RCR case 

 

2) you can change your lawyer then withdraw RCR 

 

3) you can issue notice to lawyer that you do not want to engage his services 

 

4) inform court on next date that you want to appear in person 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

1.  You can appear as party in person on the next date of hearing and can file a memo seeking to withdraw the pending case by giving a copy to the other side.

You dont need your advocate's assistance for this.

2. You can directly file the withdrawal memo without your advocate's knowledge also.

3. You  are right.

4. Yes.

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

Yes, case of RCR under section 9 of hindu marriage act can be withdrawed by filing an application at any stage as dismissed as withdrawan. Fresh case of divorce can be filed on grounds of cruelty and disertion.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can directly file the application for withdrawal without advocate.  You can discharge the services of advocate

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

1. You can go before court and can give an application before the court.of withdrawal you don't require Advocates permission for same.

2. You can directly give application to honble judge on date.

3.  No you don't need NOC from him.

4. Yes if the case is withdrawn interim order shall not stand.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Application will have to be filed to withdraw the case. if you think that the lawyer is not favoring you then in that case you may go ahead and change your advocate in your interest 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you yourself appear before the court and withdraw your case then no NOC from the advocate is required. If in case you want to take NOC from the advocate and the advocate is not giving the same then you may file an affidavit with regards to the same 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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