Rcr sec 9 in hmop.

Dhanasekar (Querist) 03 March 2023 This query is : Resolved
Dear Respected Counsel, Good Day!

Kindly be advised that one of my friend she was filed an HMOP in 2018 for Divorce on grounds of cruelty and Desertion, but the case is running in SUB Court. in the meanwhile her husband filed RCR Sec 9 in the same court in 2019, and Decreed on 29.09.2019 for a reunion. till now they both are separated and the divorce case is running. Now the respondent/husband side brings the RCR decree/order in HMOP 2018 of marking of docs.

Both are separated and living from 2015 to till date.
Now the RCR decree will affect her divorce case and she will get the divorce.
what is the time limit to file a RCR (Both are separated and living from 2015 to till date)

Kindly help and support.
Rgds..Srinivasan

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Quick Summary

A woman filed for divorce in 2018 based on cruelty and desertion, but her husband obtained a Restitution of Conjugal Rights (RCR) Sec 9 decree in 2019. Despite the RCR decree for reunion, the couple has remained separated since 2015, and the divorce case is ongoing. The husband is now using the RCR decree in the divorce proceedings. The query seeks to understand if the RCR decree will impact the divorce case and the time limit for filing an RCR when parties are separated.

Sudhir Kumar, Advocate (Expert) 03 March 2023
None can be compelled to rejoin on when the divorce on cruelty ground is going on.

kavksatyanarayana (Expert) 03 March 2023
Wait till the decree is pronounced. though they are living separately, it is deemed that they are wives and husbands.

P. Venu (Expert) 03 March 2023
Generally, such cases ought to be heard and decided together as common questions of fact and law are involved.

Why the matter is in Sub Court? Presently, every District in the Country has Family Courts.

As such, the facts posted are less than convincing. Which Court? What are the case numbers?

Dr J C Vashista (Expert) 05 March 2023
@ Dhanasekar,
Did your friend engage a lawyer for filing and proceeding of HMOP in the court since 2018? What is his /her advise ? How you are concerned ?

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