Husband should file separate petition for divorce

2) wife can withdraw RCR petition before dismissal 

3) wife can make an application for withdrawal of case duly signed by her and attested before Indian consulate 

4) if wife wins case and dies not stay with husband he can file for divorce on expiry of one year of decree 

5) wufe can file case against husband under section 498 A of IPC read with section 2,3 of dowry prohibition act 

You need not come to India for prosecution of your rcr. Prepare a general power of attorney in favor any of your blood relative in India on white paper  giving him powers to prosecute rcr on your behalf. Go to the office of  Indian Consulate   or high commissioner with the  GPA  and get the GPA  attested. Send the GPA to the person named. He will be entitled to attend rcr  proceedings  on your behalf through Advocate. After that counseling and other proceeding can be conducted through video conferencing. Submit all the electronic and other proof in court. Court can pass decree of rcr based on vc. Get the GPA attested online as walk-ins to embassy are suspended due to covid. GPA needs to be in specific format.

1. It is not possible to obtain divorce for husband behind the back of wife. There are very stringent conditions are laid down by Supreme Court for validity of such divorce.
2. By using gpa your can withdraw or prosecute rcr.
3. Everything can be done from abroad.
4. No as stated in firs answer he cannot.
5. A decree of rcr is practically useless. It the husband fails to obey rcr, wife will be entitled to divorce which is gather you don’t want.
6. Following is answer to your 6th

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

iii.                                                                           attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

iii.                                                                           Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially which the child is girl custody is given to mother with visiting rights to father. 
8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son.

1.  The husband can file a divorce case even during the subsistence of this RCR petition filed by the wife, the pending RCR petition is not an embargo for him to file divorce cae on the grounds of cruelty.

2. No predictions can be made on it, it is her own decision.

3. read the above answer.

4. The first answer is the answer to this repeated question.

5. The husband can file divorce case, if she is not contesting then he can get an exparte divorce.

6. By filing a criminal complaint with the police under section 406, 498a IPC and section 3 and 4 of DP act, also by filing a domestic violence case seeking return of her articles and the dowry amount. 

1. No, if he files a divorce case then court cannot pass any order without the service of notice upon you , and on the dismissal of the RCR suit. 

2. Yes, you can withdraw the case with the request of opportunity of further filing the same case 

3. You can give instruction to your lawyer for withdrawing the case 

4. No

5. No

6. All the ornaments & dowry items are stridhan of the wife, because section 27 of the Hindu Marriage Act, makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage. If her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.

- Hence, wife can file a case against husband for taking the dowry items which were given at the time of marriage by her family or husbands family or by friends 

Hi, In the family court presence of the parties are required and if the parties are not come then the court will dismiss the case. The wife can withdraw the case through the advocate also. 

2.  Husband has option to file a divorce on the ground of cruelty and he can also file counter claim in the RCR it self.

3.  If the wife is able to prove that her parents has paid the dowry then she can lodge police complaint.

1. The lawyer of the wife can seek time from the court for the appearance of the wife on the ground of Visa issue which is expected to be allowed.During the pendency of the RCR case also, the husband can file a divorce suit. Ordinarily exparte divorce decree is issued if the wife/husband is not represented by herself/himself  or her/his advocate which is not the case here.

2 & 3. The wife can withdraw the case now from abroad for which her advocate shall have to send her the withdrawal petition on which she has to append her signature before the appropriate officer of the Indian Consulate.

4. Husband can always file the divorce suit and the ex-0parte order will be passed only if the wife or her Advocate does not appear before the court even after receiving the notice.

5. The husband can file the divorce suit anytime as explained above for which he won't have to avail consent of the wife. He shall have to prove his allegation and the Court will pass the decree.

6. The wife shall have to file a petition seeking refund of the dowry amount taken by the husband with interest.

Dear Client,

                   It is not necessary for your wife to agree to file for a divorce. Youmay file for a divorce without the her consent if you are sure of having strong grounds for breaking the marriage.When one of the parties is not consenting to the divorce, one can file a petition in the Family Court. Such a divorce is known as a contested divorce.Your wife can simply file a memo in court stating that she wishes to withdraw the case and want to file the divorce on the ground of desertion.

To answer your 5th question, yes, if she is unable to live with you within a year of passing the decree of restitution, you may apply for divorce.Demand of dowry is punishable.The wife may send a legal notice to them to return the money, if given, as dowry within the notice period or move to court and wife may file a suit in the court for recovering her stridhan by providing proof that such articles and things have been given by the bride's side to the groom's as dowry.

Thanks & Regards

1. He can apply but getting is purely on merits

2. Yes

3. No she will require a POA if she is abroad

4. Yes

5. Yes

6. By filing criminal case 

1. if the wife does not agree, the husband has to contest the divorce case and prove it to get it decreed in his favor. in case, she didn't appear in the case, the husband can obtain an ex parte decree. (appearance can be made through virtual mode also)

2. yes, through counsel she can withdraw,

3. she can appear through virtual mode (video conferencing) to withdraw a case, an application is required.

4. both are different issues, and the husband has to prove the case (divorce) if the wife does not agree. 

5. if the wife wins the RCR case and still the husband refused to stay with her, she can file the Divorce case. refusal to stay despite RCR decree will be a ground of divorce for the wife.

6. the wife can file a criminal complaint under section 406/498a IPC to get the dowry articles/money back from the husband.

The first paragraph pertains transaction previous to last date. It says, your spouse was present, you (petitioner) not willing to appear in Court hence rcr is dismissed .  The second paragraph speaks about the counter claim filed by your spouse. It says that your spouse filed evidence affidavit and marked documents numbered Exhibits Nos. 1 to 11 and on the next date ex parte order will pronounced in the counter claim.

Advice: Appear on the next date, get the order dismissing your petition and setting you ex parte in counter set aside. It will be done on next date, any further delay  it may become difficult.

The RCR case filed by the petitioner wife has been dismissed for default. 

The counter claim filed by the respondent/husband/petitioner has been allowed by the court by calling the wife absent,  setting her exparte,  recording evidence of the husband and case has been posted to next date for pronouncing exparte decree.

The exparte judgment is against the wife.

File application for restoration if you are a plaintiff. Then the exparte order will be set aside

PW1 means plaintiff witness no 1 

2) your petition has been dismissed because you failed to appear 

3) court has taken on record affidavit filed in counter claim and kept the case for exparte orders 

- It is looking that after receiving the summon of the court , the Respondent was failed to appear before the court on many dates of hearing , and due to said non-appearance before the court , the Respondent was proceeded as ex-parte . 

- Further, as the latest hearing order mention that PW1 i.e. Petitioner has filed her evidence of affidavit , then now evidence has closed without giving chance to the Respondent , and after hearing the matter , now date is fixed for ex-parte decree of the case filed by the Petitioner.

1. Who told the Court that the Petitioner is not willing to appear? Your Advocate should have informed by filing an application informing your inability to travel to India from abroad on account of Visa issue and also due to Pandemic situation.

2. Several such cases of my overseas clients have been adjourned based on my application filed.

3. From what you have narrated it appears that your petition has been dismissed since it has been told to the Court that Petitioner Not Willing to Appear.

Dear Client,

                   An ex parte decree is a decree which is passed in the non-appearance of the opposition. As per the principle of natural justice, any case must be decided with presence of both the parties and both the parties should be given proper opportunity to present them. PW1 is Prosecution Witness 1.

Thanks & Regards