My Wife left our house, and after couple of months filed application at woman cell with false blames with dowry and other common allegations, but later withdrew as facts mentioned could have turned against, and asked for divorce without anything. Before her complaint withdrawal, we filled application under section 9 , now i need to know, what will be further proceedings if she doesn't joins the proceedings as not in India anymore, and how can i do proceedings against that false complaint .
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When she is agree for mutual divorce without any demand than apply for it. Mention all facts of your innocense in divorce petition.
And even RCR decide in your favor ex parte, wife cannot be force to live with husband.
Obtain mutual consent divorce and close the matter. You are getting rid at low cost both in sense of alimony demand and false cases.
Hello,
If she don't comply with the order it will become a ground of divorce.
Regards
If your wife is agreeable for divorce by mutual consent you can withdraw your petition under section 9 of HMA
2) RCR is useless even if you get decree you cannot force wife to stay with you
3) if your wife does not contest RCR petition you would get exparte decree
Generally one can not take any legal action for false complaints except it is made with intention to cause harm his reputation and thereby caused such harm in which he can file defamation case.
In her absence court can issue exparte order under section 9.
If she does not comply the court order for restitution, that can be a valid ground for divorce. There is no provision to enforce the restitution to wife.
1. if you want to remain in the matrimonial relationship, then, do contest your Restitution of conjugal rights petition in the Court,
You can also file a complaint against your wife for submitting false dvara before the police,
2. if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
Dear Concerned,
From your notes it appears that only a complaint was given that too was withdrawn by your wife , pursuant to which you filed section 9 . As your wife is not in India your case will hang around till the time she is summoned OR she receive the summons. We presume that you too now are not interested to stay with this woman and hence you should be filing divorce.
At this stage it is suggested to follow your section 9 and try to deliver the summons through email, whats app etc. Once done ideally she should come tot the court, if not then you after few months file divorce and simultaneously withdraw your section 9 .
Regards
A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. But the execution of the decree of restitution of conjugal rights is very difficult. A very important feature of restitution of conjugal rights to be emphasized is that it is a remedy is aimed at preserving the marriage and not at disrupting it as in the case of divorce or judicial separation. It serves to aid prevention of the breakup of marriage, thus is a means of saving the marriage. So the restitution of conjugal rights remedy tries in promoting reconciliation between the parties and maintenance of matrimonial.
If your wife is not attending the court proceedings then you will get an exparty decree.
The same time you have to contest false case and use the mediation and conciliation to settle the issues between you and your wife. If she is not amenable try for a mutual divorce. Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised within 6 months.
1. If she does not appear after service of summons to contest the case then court may proceed ex parte against her.
2. Both petitions have to be decided on merits irrespective of who filed the petition first.
3. So far as the complaint which she eventually withdrew is concerned, you are free to sue her for damages and also file a criminal case for defamation against her.
S.9 application is for restitution of conjugal rights. The other party has to come and explain why is it not joining the family of the plaintiff. If the other party does not have a reasonable explanation then it is a good ground for divorce. If she is willing to take back the complaint then file a mutual consent divorce petition.
Dear Sir,
You are suggested to continue your section 9 proceedings on her last known address and let the case be ex-parte. The allegations against you in her women cell will be used against her in divorce case under grounds of cruelty and she will not be able to get anything in terms of alimony etc.
1. It is not clear whether any FIR on the basis of her complaint is registered or not.
2. In any case the pendency of your section 9 has no connection with her going to abroad.
3. If she continues to remain absent the suit can be decreed ex parte.
4. On this basis it would be easier for you to fight the 498a case, if filed.
Respected sir...
It is not necessary for a case that she have to join the case if she joins then most welcome else get an exparty decree from court ...if you to move on her false complaint then you have two options first is to file a civil suit for damages and second file criminal case for defamation ....
That is option's available to you...
Thank you
You contest the divorce petition filed by her and take divorce.
Obtain copies of her false cases filed by her and use them in support of your case.
Better option is to convert Divorce petition filed by her to Mutual Consent Divorce (with consent) and obtain divorce and avoid waste of time, money and harassment.
No use as to contesting Sec.9 petition filed by you, even if it is decreed, no one can force her to join you, and that, finally it leads to divorce.
If she doesn't join your section 9 then court will pass exparte orders. Her divorce proceedings if filed will also continue. You can proceedings against her for defamation, false complaint etc if you wish before magistrate
Hi
If she is not in India than ofcourse she cannot attend the court proceedings. In this situation you will get the ex-parte order in your favour and after 30 days of that order you need to file the execution for that order to be implemented.
Complaint with false allegations was withdrawn as you described here, let it go. Still want action than you can Initiate a defamation process against her.
Thanks
If both the party do not attend the case in the court than case may dismissed. If you only attend the case than there is possibility to get exparte against her.
Dear Querist,
Since your query mentioned that she does not reside in India anymore then the possible outcome pf your RCR application will be a ex parte order but its useless as she is not in India anymore. Seeing the situation that she has file a complaint against you which was later withdrawn due to lack of substance on that basis you can either file a mutual divorce petition or you can seek an apology from her by serving her a legal notice of defaming you in the eyes of public with baseless and frivolous complaint.
Regards,
Yuganshu Sharma
ADVOCATE
If she has received the notice of the Court, in teh section 9 proceedings instituted by you, let her turn up to the Court.
If the notice hasn't been issued, request teh Court to issue fresh notices. Give her latest address and contact details to the Court. If despite sufficient notice, she chooses not to appear, the Court will hear the matter ex parte./
See court may pass an order of Restitution of Congujal rights on your petition though in case she fails to follow the order it's desertion and you can seek divorce on that ground. Court cannot force her to stay.
Thanks all for guidance, just to add further, i do not wish to keep marriage anymore, although, have been harassed big time with this false complaint involving allegations of dowry, domestic abuse etc. having done nothing. , i wish to proceed with section 9 application, just wish to know what will be the further proceedings in same process , and process for defamation against that false complaint.
First you have to withdraw sec 9 petition.
Then after file divorce petition.
Merely on the basis of false complaint no case for defamation lies.
If you do not wish to proceed with marriage withdraw your petition for RCR under section 9 of HMA
2) file for divorce on grounds of mental cruelty
3) if wife does not contest you should get exparte divorce decree
4) wife has withdraw her complaint no need to file defamation case
Let the section 9 be completed, you knw she will not come back, so this becomes the ground for divorce, also the false application becomes the divorce grounds.
You are on right track. Keep Going
Send her a legal notice for intentionally harassing you by giving false complaint against you.
Thanks
No defamation made out and RCR order is not binding on wife.
Let the result of the sec. 9 case come in your favour. Once the decree is passed in this case, and the same is not followed/complied by your wife for a period of one year, you will have sufficient ground to institute divorce proceedings against her.
Before instituting a defamation suit against her, send her a notice of defamation through a lawyer.
See if she fails to join proceeding the court will record your evidence and will decide matter ex-parte. Further for false allegations you may file defamation complaint with magistrate and also give her a notice and then file suit claiming compensation.
Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you 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 you 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.
You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
She has since withdrawn her complaint with the police hence ther is only a divorce case pending from her side.
Since you have already filed a RCR case, you may follow it up properly.
If she is not attending the court then you may get an exparte order in your favor.
However if she is not pursuing her divorce case then it will be dismissed for default.
If she has gone to abroad then you cannot do anything to bring her back even though you have a RCR judgment in your favor.
You may have to wait for her return to initiate steps in furtherance.
You cannot file a defamation case agaisnt her until you prove her allegations are false.
This RCR cae is of no use even if you get a judgment in your favor.
You cannot force her to live with you agaisnt her willingness neither the court can force her.
If you do not want to live with her anymore or continue the married life with her then you may better file a divorce case against her instead of stretching the issue endlessly.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- If she is not interested to live with, then try to take her consent for mutual divorce.
- However, for mutual divorce separation of one year is mandatory, but as per Supreme Court in Sureshta Devi versus Om Prakash, AIR 1992 SC 1904 case, where it was stated, “The parties may live under the same roof and yet may not be living as husband and wife. The parties should have no desire to perform marital obligations”,
- Hence, even after living under the same roof, you can file a divorce petition as well, because marital relationship/sexual relationship is necessary for living together.
- If, you dont want to continue with her , and she not agrees for mutual divorce, then you can file a Divorce petition on the above said ground
- Since, you have already file the section 9 , then a divorce petition will not maintainable, and even you get the decree in your favour , then there is no law to force the woman to direct to live with her husband , except she cannot claim maintenance from you.
- Further , you cannot file a defamation suit against her for the statement given before the CWC, legally.
- If you want to be separated from her , then you can file a divorce case on the ground of separation , cruelty & other grounds as i mentioned above .
- Since, she is out of India, then due to her non appearance , court will grant ex-parte divorce.
1. since she is not in India, therefore, the case may proceed experts and may decree in your favour,
2. upon her refusal to join, you can also file a divorce petition,
You can proceed with your Sec.9 case and contest the same by filing supporting documents.
As advised in earlier reply, you can obtain copies of the false cases filed by her and using them, you can initiate appropriate criminal proceedings against her and her family members viz., defamation etc.
(upon perusing the said case papers, it can be suggested properly as to which criminal case can be filed).
You can proceed with the same. You need to file defamation through criminal complaint before magistrate.
Dear Sir,
In the section 9 HMA proceedings, she will be asked to rejoin you and if she does not join, the same will used as cruelty against you by her. Further, you may use the her false allegations of dowry, domestic violence etc. for divorce and also for criminal defamation case may be filed by you.
If you want a divorce then s9 application is useless because if she returns to you then you cannot get divorce.
File a divorce petition in the family court on grounds of cruelty.
A case of defamation can be filed before tge magistrate.
Respected sir....
If she joins the proceding that that's good else you will get an exparty decree and after completion of one year of that decree if she doesn't join you and start living with you then we have automatically right of divorce ...and after finishing and completing the process of her complay and domestic violence case we have right to file defamation case against her ..
Thank you
1. If you do not wish to continue the marriage then you may withdraw Section 9 and file for divorce.
2. You are also free to file criminal complaint for defamation.
1. Appear in court and let court decides the matter through Ex-parte proceedings if your wife skips the hearing intentionaly.
2. Get the investigation report and her statement for withdrawing the complaints through RTI it will help on futher disputes in future.
if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree.
you can file divorce petition on the grounds of creulty.
If you can prove that all allegations which are raised against you are false in the court of law then you may ask court to grant at least separate living.