Santosh kumar (lect) 09 December 2013

Need help in restitution of conjugal rights

My nephew filed a Restitution of conjugal rights case, sec 9 of HMA. The notice was served ,but Girl didn't recieve it.

Girl came back for few weeks saying that she will stay back , but again left. Didn't lead a conjugal life was still causing lot of disturbances.

she is not attending the hearing dates. Nephew sent another notice to her but even that she didn't receive. some relative of hers received the notice.

Can this case be still valid if returns for matrimonial while case is pending and go back.If she intentionally did that to weaken the case what corrective steps needs to be taken.

regards,

Ramesh

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3 Replies

ADV S PATHAK (lawyer) 09 December 2013

your nephew must have heired services of a ld. lawyer for filing petition of 9 rcr. have faith in him and consult him without hesitation for your query.

Santosh kumar (lect) 09 December 2013

We are confused with the present state of affairs. Though we are not sure the girl will attend the court hearing.

Should my nephew mention this in the petition or should he have to file a fresh petition?

T. Kalaiselvan, Advocate (Advocate) 09 December 2013

A RCR petition once filed will be sufficient, you cannot keep filing such petition without the earlier petition disposed off. If she is intentionally avoiding receipt of notice, you may alternately try Substituted service of summons procedure, if there is no response to that also, the court will grant an exparte order in your nephew's favor.