• Files has filed separation under section 10, wants me to file RCR to get her back

Wife has filed separation under section 10 and has one condition to get her back i should give written in court that i will not fight with her, scold her, abuse/ hit her in future.
she's telling me to file RCR under section 9 and then she will withdraw her petition. otherwise she will continue the case for divorce. 
She is not coming back to home she wants me to shift to their town. i have several loans to fulfill and i can't move immediately. 
should i agree to her? i want to save my marriage but i am scared. first case date is yet to come.
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

yes you can file RCR if you want her back both her divorce and your RCR will be contested in the court

Prashant Nayak
Advocate, Mumbai
32051 Answers
183 Consultations

4.1 on 5.0

-  As per Supreme Court judgement, 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.

- Since, she has filed her petition for separation under section 10 , then she can withdraw the same if she wants to live with you , and filing a RCR under section 9 is not having any legal value , except a wasting of time and a cause of contest the case .

- Further, if you will give such statement , then it will go against you legally in future . 

- However, if you want to save your marriage , then settle with her amicably with the help of court mediation cell.

Mohammed Shahzad
Advocate, Delhi
13337 Answers
199 Consultations

5.0 on 5.0

No need to bow down to pressure tactics . If you don’t want to shift to her home town divorce is best option 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

Don`t give anything in written. It will consider your admission that you treated her with mental and physcuil cruelty.

File sec 9, this is better option.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

If you want to save the marriage, you need to file the section 9, otherwise contest the case.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

I don't find anything wrong for you to file RCR suit and then withdraw it.

However in stead of withdrawal I would prefer your wife appears in the suit and then both of you file a compromise petition containing amicable terms on which basis the court passes decree on compromise making the compromise petition part of the decree. 

Devajyoti Barman
Advocate, Kolkata
22862 Answers
492 Consultations

5.0 on 5.0

Please approach an Advocate and instruct him to file a joint affidavit with  your wife in the proceedings of 10 before the court mentioning all terms of your and your wife before RCR filing.


Please not to worry. Its normal and regular exercise routine 


Please not worry its normal and routine process before Court of Law in all Family matters. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Dear sir,

If you want to save your marriage then you can file a suit for restitution of conjugal rights during the pendency of judicial seperation suit under sec 10 of hindu marriage act which was filed by your wife , hope for the best this case may resolve your issue and you both may lead happy life again!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Initially as of now you can accept her proposal and ask her to withdraw the case by accepting RCR section 9 for filing.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

1. See it is based on the mutual understanding you should talk to your wife and settle you both can talk to each other modify the conditions , in case she is not ready and forcing you to abide all her condition than you won't be having much choice other than contesting divorce or agreeing for it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear sir,

Do not sign and give anything. It might be used an evidence as an admission that you used to subject her to cruelty.

There is nothing wrong in RCR. However your wife's logic is irrational. If she wants to withdraw she can do it with the help of a compromise petition. 

Legally she cannot compel you to shift to her town. In fact the law expects her to stay in her matrimonial house, specially if she is not having any professional obligations.

If you want to save your marriage, try to sort it out amicably outside the court. Just don't make any admission of any cruelty. She might be using this as tactics to create an evidence to later file a criminal case. Be cautious!

At last, no need to be scared. It's a civil dispute in family court. No one will arrest you or take any coercive action against you.

Best wishes.   

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. There is no logic in saying that she will withdraw her petition only after you file a RCR petition.

 

2. You can offer to give her an undertaking on the matters for which she has filed the separation petition like 

fight with her, scold her, abuse/ hit her in future etc.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

If you want to save your marriage than you should agree to her.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

She has filed a judicial separation petition and not a divorce petition.

You can challenge the same instead of filing a  RCR petition.

You can save the marriage by properly challenging her judicial separation petition and can always inform the mediator that you always wanted to live together with her but it is she who is not willing to live with you.

The court will certainly send you both for mediation session. 

The RCR petition may not fetch yo the desired results except to prove before court that you have made an effort to live together with her.

 

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

You can file section 9 RCR  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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir, 

You are suggested to think your good and bad and then act accordingly. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can give the statement in court and also file petition under section 9 if you want save your marriage it is just a small cost to save your relationship.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If you file a section 9 application that means you will ask the court to order her to come back. She will explain everything to the court and ask you to file that you will not do anything to her. She wants everything in writing so that she can sue you and demand a hefty amount in case she goes for divorce.

Tell her to come back voluntarily or keep quiet and file a divorce case after some time.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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