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ashok (retired)     27 July 2014

House wife application section 9 rcr

A house wife has filed applications against husband u/s 9 RCR,CRPC 125 & subsequenly under DV act,.

Under 125 Int.Mtc is granted & under  DV visting rights to meet her 7 yrs old son 

.., In application u/s 9 She has stated after 8 yrs of married life (5/2004),while living in her joint matrimonial home was made thrown out by her husband, his family members keeping her child.in 4/2012. further she stated that since her marriage(4/2004), she was living with her husband who himself has been living with no definite source of income, working with father in rented shop) with his family members (father,mother,a deserted married sister with her two grownup daughters)

( The other family members: elder brother-in law’s wife was also forced to leave the same house hold  but she with her 3 year old daughter child, immediately after petitioner’s marriage and after few years 2009 BIL also expired)

She prayed; husband be directed to keep and live with her and her child in safe, independent accommodation .When application in court was about to ex-part, the husband `s advocate got it set aside with costs. However wife was some what subdued meeting her son after separation of more than one year through visiting rights under DV allowed by court.She also is visiting to meet her child in some park or nearby temple near his residence place, being brought in, at the meeting place by his grand/father

..Later, She moved an application u/s 26 HMA for Ty.custody of child in 4’2014 to keep the child occasionally with her at her place of living for few days during school vacation of child so that child be more frequent formal with her., {when several requests were made to his grandfather were ignored )

On first hearing u/s 26 hearing the judge, directed respondent’ advocate  to produce the child in court on next hearing as he wants child’s willingness to proceed further.

 ‘.In the Next date child came and the judge called both petitioner mother and child in his  chamber, where the ‘tutored’ or otherwise minor child refused/ showed unwilling to go to mother.in front of mother.,.

The judge , however tried to console the shocked and depressed baffled mother in his chamber .Later, judge asked husband in his chamber what is your problem to keep your wife separately? . At this husband’s father expressed inability to do so as parents are old & dependent on son. However, the judge,(ignoring wife’s mental condtion that time) in the court, directed husband “ to bring his wife from her place of residence unconditionally within 10 days from day   to keep her with him and also directed him to call her , before coming to wife's residence place”.

But the wife waited for “his call” and on sixth day her father in law made call to her father informing that “they” are coming on 10th day. And wife’s father while replying reminded her FIL that  before coming husband should call petitioner on her phone(as directed by court statement} and respindent husband should come all alone  or accompany with child or any lady family member.

But all of sudden, on 8th day the husband, with his father and an another unknown person came to  wife’s house where they were attended by petitioner’s mother ,as incidently, at that time petitioner herself was not at home (time 11.30 am) and petitioner’s father was also out for urgent work The host,petitioner's mother was alone in house,she requested them to wait but after spending some time, they left with message “ now it is your girl to call her husband” and left,  and never came or contacted further till stipulated day 10th.

 On next hearing, in the court, that party {without opposite lawyer) tried to show the judge, some mobile video clips showing FIL& husband being seated in girls house taking snacks, tea etc (video recording probably done by that unknown person accompanying them).to claim they had visited petitioner's house

At this the petitioner advocate objected and stated the respondent intention is mischivious malafide, bad. they have visited/entered the house of petitioner without prior call by respondent. At this the judge referred for mediation. In mediation wife declined to go or live separate with husband, as their intentions are not good,if she ever go they will now are not going to spare her. The husband party before what she said had already shown their inability for ‘independent’ living.,.on the same excuse ‘ parents are old and dependent’.on son

Under these circumstances,while court is in line, now, Is the situation in court ongoing cases of petitioner “go with husband or get divorce” ? . (However,petitioner advocate declines it, saying “let  the application u/s 26 be reject and go to HC}. Is going in HC things will change?

Is it the  end of road for wife whose only fault is that she is desperate to live with her only child? 

.. Otherwise she is living independently ,no, financial crunch, in the house willed in her favor by her parents



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 1 Replies

Tajobsindia (Senior Partner )     27 July 2014

1. S. 26 HMA will be decided at the time of final decree. 

2. Hence petitioner wife either has to convert her RCR into divorce or proceed on evidence stage. 

3. From the reading of brief it seems to me, it is better to seek divorce and visitation rights (be it few hours r/w weekend etc.) and amicably end the long court proceedings and appeals thereto. 

 
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