| Originally posted by :Pinky | ||
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IT IS MANDATORY UNDER HINDU MARRIAGE ACT, THAT WHATEVER PETITION (RCR, DIVORCE ETC.) COMES BEFORE THE COURT, THE FIRST STEP IT HAS TO TAKE IS TO CONCILIATE/MEDIATE BETWEEN THE PARTIES SO THAT THE INSTITUTION OF MARRIAGE CAN BE PROTECTED. IN YOUR CASE, AFTER RECEIPT OF COURT NOTICE, YOU GIVE POWER OF ATTORNEY TO REPRESENT YOU BEFORE THE COURT TO ONE OF YOUR PARENTS, WHO IS LIVING IN INDIA AND ALSO APPOINT AN ADVOCATE. THE COURT ON THE FIRST DATE OF HEARING ASK BOTH THE HUSBAND AND WIFE TO APPEAR BEFORE IT FOR THE PURPOSE OF CONCILIATION/MEDIATION. IT IS ILLEGAL FOR THE COURTS TO AVOID THIS STAGE. ONCE CONCILIATION FAILS, THE COURT DIRECTS YOU TO FILE THE REPLY TO THE PETITION. IN YOUR PETITION, YOU PUT THE FACTS LUCIDLY WITHOUT HURTING ANY ONE AND WITHOUT CONCEALING ANY FACT. YOUR ADVOCATE WILL DO THIS JOB. YOU HAVE TO CONTEST RCR BY SHOWING THE REASONABLE GROUND TO STAY AWAY FROM YOUR HUSBAND. HARASSMENT FROM HUSBAND'S RELATIVES IS ONE OF THE GROUNDS, INDIAN COURTS ACCEPT TO ALLOW A WIFE TO STAY AWAY FROM HUSBAND AND IN SUCH CIRCUMSTANCES, THE COURT WILL NOT GRANT HIM RCR DECREE.
THE COURT DOES NOT DENY YOUR CONTENTION FOR THE REASON THAT YOU HAVE BEEN HARASSED BY THE RELATIVES OF HUSBAND. IF IN THE EVENT HE GETS RCR DECREE, THEN YOU HAVE THREE OPTIONS - (1) CONTEST IT IN HIGH COURT OR (2) IMPLEMENT THE ORDER, MEANING THERBY JOINING TO YOUR HUSBAND OR (3) REFUSE TO IMPLEMENT RCR ORDER. IF YOU TAKE UP THIRD OPTION, THEN ONE YEAR AFTER PASSING OF RCR ORDER, HE WILL BE ENTITLED TO FILE A CASE FOR DIVORCE ON THE GROUND THAT RCR ORDER HAS NOT BEEN COMPLIED. Yes. At the time of mediation and at the time of evidence both parties have to personally appear. In metropolitan cities, there is a facility for video conference and in some cases, this facility can be availed of to get expemption from personal appearance. |
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