Hi Sir, Issue Summary: I got married in August 2018 and she left from me on May 2019, it's been 14 months she is away from me and our matrimonial life. Asked her to come and continue the matrimonial life with me in several ways (Personally, phone calls, messages, through her elders (her mother, brother, and her relatives etc..)), but she refused to come, instead she & her brother are putting all false and negative allegation on me Here is my previous question asked for advice on my Matrimonial life: https://www.kaanoon.com/286105/need-legal-advice-on-divorce Based on everyone's response on my previous question, I have sent lawyer notice and asked her to come, but she replied the lawyer notice with all false and negative allegations against me and my mother and she conclude to come with some promises (hasn't mentioned the promisises) to be given from me. As per our advocate, we will file RCR through court and initiate the process to fix the issue. But due to Covid 19 situation, Courts are not functioning now and not sure when my issue with be solved. 1) Can you please suggest or other approach, as Courts are not working to file RCR ? 2) Could you please suggest, right path to fix my problem. I am 34 years old, i am totally missing my matrimonial life. Living alone and getting depressed all the time.
1) RCR is useless . It takes 5 years to be disposed of
2) even if you get a decree you cannot force wife to stay with you
3) file for divorce on grounds of mental cruelty
4) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce
1. RCR is not a panacea or all weather medicine. Unless and until you are serious about to bring her back then in stead file suit for divorce.
2. So go and meet her in person. Sending her a legal notice only worsens the situation.
3. If your personal touch fails to give any result then file a suit for divorce on mental cruelty.
The main thing to consider is if you want to continue your marriage or you wish to separate from her. If you want to give your marriage a chance Restitution (RCR) petition is a better option to start. If after one year of RCR even she does not live with you, you will straight away get divorce in a short time on that ground itself.
However if you wish to part ways then you may straight away file for divorce on grounds of physical and mental cruelty, wilful neglect and other such applicable grounds.
It is understandable that you feel this way especially in these tough times of pandemic. Take a strong decision and ho ahead with it.
Also if she is earning more than you then you need not pay maintenance to her and rather if you are earning less then you can claim maintenance from her. During the proceedings as well as after then under section 24 and 25 of HMA.
Well the right path is rcr. You'll have to wait as there is no other way to compel her to come back.
Dear sir
As of today courts are functioning you can check it out and file a suit for restitution of conjugal rights as early as possible;
Secondly you can approach counselling centre and explain your issue to them they will call up to your wife and ask to come for counselling if she comes and something works out from there is well and good please try for the second option as well!!
1. You have to wait till the functioning of the Family Court resumes. Filing RCR petition in the Family Court is the only option.
2. Be a little patient. Courts are disturbed since the onset of the global corona pandemic, but will resume very soon.
1. RCR can be filed, as new cases are now allowed to be filed.
2. If you want to bring her back than RCR if you want to get separated than file divorce case instead of RCR
1. You will have to wait for the court to open up.
2. anything can be done only after the court opens up. Till then you may go ahead and try and convince her for a mutual consent divorce.
Regards
1. Courts are expected to continue from August,2020 , hence you should wait for filing the same , except court you cannot take any action against her refusal.
2. Try to settle the dispute with the help of elders of both families.
- However, you can take her consent for mutual divorce , if she is not interested to continue with her.
- Further if she refused , then you can file divorce petition on the ground of desertion and cruelty.
Dear Sir,
Your problem is genuine but Covid 19 Pandemic has affected badly many things and court proceedings are one among them. You are suggested to find out whether online filing of cases going on or not. If yes, file the case online and wait for the normal court working start for regular hearing.
Please approach Court for urgent hearing on RCR under section 9 of Hindu Marriage Act 1955 . Civil Courts, Family Courts, High Courts and Supreme Court of India is attending all urgent hearing.
Make an urgent hearing application for RCR hearing before Court on the ground of your old parents and self to stay with your wife being aged 34 years newly wedded couples needs to stay together. Pl file urgent application before Family Court for urgent hearing on RCR application.
You can serve copy of RCR upon your wife and E mail to her about notice to hear RCR fixed on as per the hearing fixed by The Court of Law hearing your RCR application under section 9 of Hindu Marriage Act 1955.
There is no other remedy other than courts you need to dile it online and wait for the same.
Is it possible to file RCR online court. If so, could you please let me know the process?
1)you can inquire from local lawyer whether in your city petition for RCR can be filed online or not
- Yes, there is provision now to file the cases online mode , i.e. through email of the court .
Some district courts do have a procedure to file an rcr application online. Contact a local lawyer
Many district courts have initiated process for online filing process of petition. For online filing you have to prepare the petition and then mail it to the respective designated email id made by the district judge for this purpose. Id for every city is different so you have to ask a local lawyer for the same or you may check your High court website if it is provided there.
Having said that it is advisable to engage an advocate for the same since there is not one but number of nuances for drafting which are to be remembered and further there are number of requirements for the pleading to qualify as valid. They can't be summed up in one or two pages.
You need to wait for the court to reopen, until then there is no legal way to get the divorce.
1. proceed with RCR once the concerned Court resume its function completely, FYI, most courts are accepting cases,
2. RCR or any other case cannot be filed online,
Go to website of A P and Telangana High Court.
It is displayed how to login and file online petition and application.
Yes courts permit online filing in covid times
Dear sir,
Online is not possible may be special court for urgent matters will be open u can check it out!!
Dear sir,
Beyond a point you need to understand that you cannot really compel a person to stay with you.
I am suspecting that, as soon as you file RCR proceedings, she will institute counter civil and criminal proceedings against you and your family. Even if you manage to get RCR decree in your favour, you cannot do anything if she refuses to comply with it. At best the court will attach some property of her.. and you'll not be obligated to give her any maintenance.
Till the time courts are not functional, you can try to settle the dispute outside the court. Maybe you can try to obtain mutual consent divorce and begin your new life. As of now you are young enough to re marry and leave this bitter experience behind.
Because, once the matter is in court, it just gets worse because of ego and involvement of opposite lawyer.
Please remember to Keep all the evidences safe with you. Save all your call recordings, messages, photos, medical reports, medical prescriptions, bills, gifts exchanged etc. The idea should be to collect everything in order to counter her allegations (if any) against you. If her allegations are false, definitely she will goof up somewhere and all these evidences will help you immensely if at all this becomes a bitterly fought dispute in the court.
RCR proceedings are heard by family courts and family courts in most states are not hearing cases through video conferencing. You can nevertheless consult any local advocate to know the exact status.
You can seek help of a counselor/psychiatrist for your depression. Legal professionals cannot really help you much in such situation.
Hope this answer helps.
Best wishes.
Check with your district courts for filing the case online
Right now almost all d courts in India r concentrating more on urgent matters. The trivial cases r nt being taken as courts not working in full power due to covid, so it may take some more months to proceed.
Y ur wife has not taken interest in the matrimony u have not mentioned clearly.
For behaving in such a manner there must be a reason. As u said she is ready to return on certain promises from ur side that means that she has some demands. As she is a doctor it's obvious that she is educated and and socially established. Try to find out meanwhile what is that reason that she is doing so.
If the matter is related to some issues between u then consult a marriage councellor. Maybe it will help u understand where things r going wrong which u both can fix thru mutual discussion.
Depression is not a solution to any problem. It's a negative approach towards life. So don't get frustrated but try to find a way out which can only be done with a stable mind.
This may help till d courts reopen.
1. Courts is most parts of the country are still functioning in a restrictive manner and hearing only urgent cases. Section 9 petitions are not treated as urgent.
2. Online filing will also not be accepted.
3. Wait for the court functioning to resume.
Has to be filed physically Before the court
Dear Querist
Due to the COVID-19, Courts are not functioning regularly but worked in online mode only on urgent matters. RCR is not an urgent matter hence you cannot file the same online. in case, in your area, the Family court is working online, so they may register your case but will not issue the process of other things regarding the case, so it will be better to wait till the regular opening of the court.
Dear Sir,
It is suggested that due to COVID 19 pandemic, the provisions/rules have been made by the court to take up/file petition/cases of urgent nature. Various advisories/circulars are available on the court's website and you are suggested to go through it and utilize the same for your case.
wait for RcR decree, 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.
Not possible online RCR hearing.
1.There is no other approach you need to file RCR petition and wait for the court to open for Filing the petition.
2. There are only two solutions either your wife comes back to you or get divorce from her and marry again to someone else to have a good matrimonial life
1. Are you really serious about taking her back? Do you desire to save your marriage?
It's better to listen to their conditions, be flexible enough to accommodate their conditions and take her back into your matrimonial home.
The RCR is waste exercise, besides it will stretch on years without any meaning when both can sort out the differences at this stage itself.
2. You may adopt the above suggestion ignoring your advocate's wrong guidance in this regard.
E filing facility is available every where hence you may try this mode