Since in a matter of few days his marriage will be one year old, better that he files a divorce petition prior to replying to the RCR petition preferred by wife.

It is advisable that he is represented by a lawyer. 

submit reply to RCR petition filed by wife through a lawyer 

2) file petition for divorce on expiry of one year if marriage 

Brother can file reply to RCR and can file separate divorce case in the family court.

The reply of RCR should be filed through an Advocate and an advocate should be engaged to represent the case.

Dear Client,

Reply can be file by him but through advocate, it will be more beneficial and both things can be done simultaneously, reply to RCR refusing it and fresh divorce petiton.

1. contest RCR with the help of a prominent lawyer

2. file divorce at a later stage

If the notice is from a lawyer, let a lawyer respond.

If interested, let's talk. My number is available in google 

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

The reply to the rcr must be filed as it would show why your brother has withdrawn from the society of the wife and is not keeping her. If the court finds the ground tenable then the court cannot order your brother to take her back and then your brother can file a divorce petition.

Regards 

he can do it simultaneously.

Hello, 

I would advise you to engage a lawyer in order to draft a reply to the RCR. 

Your brother can file the divorce petition also and contest the RCR filed by the wife. 

Regards 

Your brother can submit reply of rcr through an advocate and he can file for divorce separately on any grounds. 

Reply to RCR. Plead that you are denying her company on grounds of her adultery (the onus of proving it lies upon​ you). Hence, her prayer for RCR be rejected. Also counter plead for divorce on the same grounds. 

2) Your counter pleading may be accepted or rejected. File for divorce only if it is rejected. 

3) Yes you should appoint a lawyer. How else do you imagine you will defend yourself? Don't you seek services of a doctor when you sick? Or do you treat yourself?? 

4) Come to my office for doing the needful. [deleted] (nine eight two zero eight nine seven eight eight four)

I would advise that your brother should first file is reply in the RCR matter and then, go on to file for contested divorce.

Reply can be drafted by him too, if he has little legal understanding as family court matters are not that complex and can be dealt without a lawyer.

Hi,

It is suggested that the strong reply of RCR be filed. And the divorce may be filed separately.

Yes he  have to reply for the Restoration of conjugal rights notice and need to submit any proof he have for adultery  and also you can take the cruality  and non compatibility as one more issues . If unless he don't have any proof for adultery it will not be a supporting document for him and even in case after completion of one year which is going to complete this month he may not be able to take adultery as a ground in divorce petition

Dear Sir,

Ask your lawyer to prepare a Divorce petition with your version and file it as counter-claim to her RCR, duly quoting S23A provision of Hindu Marriage ACt. You must file it before your time for evidence starts, after that you can not file it according to Order 8 Rule 6A of cpc. Once you file Divorce as counterclaim, the judge after the enquiry will issue either what the petitioner claimed or respondent claimed based on facts and circumstances. Generally lawyers are not aware of this special provision S23A of HMA made in 1976 and insist you to file a separate case which is not required and so you must insist upon it to make your things work out.

He has to reply to the RCR under any circumstances.  However, rather than filing a separate Petition for Divorce, he can file it as a counter-claim in the RCR Petition only.  

He can do it both ways.  However a lawyer is more advised. 

If your brother received summons from court then he has to appear before court and can decide about fighting the case by engaging the services of a lawyer or by himself as party in person.

His proposal to file a divorce case has nothing to do with his participation in her RCR case.

That is different to this and can run simultaneously also parallel to this.

It is better to engage a lawyer and send your counter. Besides, contest the RCR, and get the petition dismissed, through the lawyer, if intent on divorce.

1. As per the information mentioned in  the present query, makes it clear that she has been trying to show that she needs your husband and if your husband denies then she would easily file divorce and get huge alimony.
2. I would advice you to file reply to the same and put adultery portion into it.
3. If she happens to get the RCR decree then also your brother can’t be force to join her as this is not the obligatory decree.
4. And during the RCR pending, your brother should file for divorce petition on the ground if adultery as if he happens to succeed on this ground then he will have to give nothing to his wife.