You can engage lawyer to appear on your behalf
2) if husband gets favourable verdict in RCR case your divorce petition would be dismissed
I have filed a divorce case at the family court in my locality and its hearing date is after 3 months. My husband have filed a case for restitution of conjugal rights at the family court in his locality just 1 month before the divorce case was filed and first hearing for RCR was over and i could not personally attend the hearing so a vakkalathnama was sent to speak for me. Do i have to attend further hearings for RCR at his family court? Or can someone else attend this case for me. Even if he gets a favourable judgement for the restitution of congual rights , will it in any way affect my divorce case . Will this affect the dowry that he has to give back to me. Please give me your valuable opinion regarding this.
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You can engage lawyer to appear on your behalf
2) if husband gets favourable verdict in RCR case your divorce petition would be dismissed
-The provision under Muslim law is almost the same as under the modern Hindu law.
- As per law, If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Civil or a Family Court for restitution of conjugal rights.
- Since, you have given POA by way of Vakalatnama to your lawyer , hence RCR being a civil, your presence is not mandatory on each and every date of hearing , But you will have to present , when your matter would be fixed for evidence.
- If, he gets a favourable judgement for RCR, then your maintenance , dowry will be effected , but divorce case will not be effected, because , restitution of conjugal rights is a paper decree and is not binding on either spouse.
No, you don't attend your husband RCR case, instead you tell judge that you have filed for divorce and want dowry back so kindly transfer RCR case in divorce case court.
See the lawyer engaged by you can attend hearing on your behalf . See if he gets favourable judgement of restitution and later in your case the divorce is granted it shall not effect the case.
No it will not effect the stridhan , you can file a FIR for return of the stridhan.
You should attend the rcr case and explain the court why you don't want to live with him. That way the court would know that it is not your fault and woukd award you proper damages.
1. In the family court an advocate can not appear in the suit unless and until the court grant him such permission.
2. So in your case you need to file an application seeking such permission to engage an advocate and on that date your personal presence would be mandatory.
3. If there is both RCR and divorce suit pending then to avoid conflicting decision it is necessary that you on applying transfer of one suit get an analogous hearing of the suit on merger of the both.
Only advocate can represent your case and your presence can be condone. Even if you will not appear in person or through advocate, no repercussion.
Wife is not chattel, cannot be force to live without her choice even after order of RCR. No effect on divorce case.You are entitle to recover dowry and article even without divorce.
Just file FIR for recovery of dowry.
1. No need to appear personally until court give order to appear personally to parties.
2. Your advocate can appear on your behalf until court summons you to appear personally.
3. No adverse order in RCR case will not affect your divorce petition.
4. No it will not affect your dowry case.
5. And the orders of RCR can not force you to live with your husband.
your lawyer can appear and represent before a court by filing a Memo Of Appearance or a Vakalath on behalf.
Sir can my husband initiate a divorce petition against me if he wins the RCR case. Can my husband in anyway bribe the counsellor or anybody in the family court to win the RCR case. Is there way in which he can prevent me from proving my part.
Refusal to honor RCR order is not cruelty. Divorce can file by husband but no surety, court will grant diovrce. Order pass by Judge, cannot be managed.
Is there way in which he can prevent me from proving my part. - NO but this can done by submitting reply.
If you refuse to return to your matrimonial home inspite of RCR decree husband can file for divorce
2) counsellor does not pass judgment in RCR case
3)judge pass order after considering evidence on record
Yes if you fail to restitute after the orders of court the husband can file for divorce.
See you can lead your defence he cannot prevent you from doing so.
No, unless and until your wish no body can force you to live with your husband. As per the article 21 of fundamental rights its your liberty to live in matrimonial home or not, by forcefully nobody can push you in RCR.
yes your husband can file divorce petition if you fail to obey rcr order of court, he can file divorce on creulty.
- Yes, if your husband wins the RCR case , then it will be assumed that you are refusing the matrimonial life with him without any reasonable reasons.
- Hence this refusal will amounts to cruelty , which is a ground for divorce legally.
- No, bribe is not easy job for getting a favorable order . Further if he wins the RCR case from the family court, then you can challenge the said order before the High court as well.
- You will get ample opportunity to produce your part before the court.
- For getting decree of divorce , you should try to prove the cruelty by your husband and other grounds as well.
Good luck and dont forget to rating Positively.
The dowry is a separate subject and the RCR a s well the Divorce are different subjects.
If you cannot appear before court for participating the RCR case then your advocate will take care of the matter to some extent.
The judgment in favor of your husband in RCR will in no way compel you to join him or live with him against your willingness.
You can very well prosecute your divorce case properly as per law.
The dowry case also can be prosecuted separately without having any impact of this RCR case.
You are worried about he may do whereas you are not appearing to be interested in concentrating on yor own case i.e., the stand you are going to take to defend your interests in his case.
You dont worry about his case, you design the strategy to defend your stand and interests, the law is common to all hence you may strongly fight back.
Dear Madam,
Yes, he can file divorce case against you, if he win the RCR case. Therefore you have to attend the court and file a strong objections through a efficient advocate.
If RCR is passed it will help him in proving that he is innocent, you cannot claim maintenance from him
You are deserter in the eyes of laws , You have no right of maintenance in future, husband will be in safer place
RCR will be passed and if you fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If you denies to cohabit with him even after the R.C.R. decree is awarded then he can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree he can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.