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Sana heena (Na)     09 June 2021

Rcr

Husband file rcr against wife and not appearing in court only his lawyer is appearing. Wife is appearing in court without lawyer wife wants to stay with husband . She went to husband house but his family is not allowing

Will court grant exparti to husband as wife is appearing court without lawyer and without filling written statement
How should wife stay with husband?


Quick Summary
This discussion addresses a situation where a husband has filed for Restitution of Conjugal Rights (RCR), but the wife wishes to reconcile and live with him. Despite her willingness, his family is preventing her from entering their home. The core questions revolve around whether the court might grant an ex-parte order against the husband due to the wife's appearance without a lawyer and without filing a written statement, and how the wife can successfully return to her husband's home. The advice given is that the wife must appoint a lawyer and file a written statement, highlighting the in-laws' refusal to allow her entry, as this is crucial for the court to consider the merits of her case.

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 June 2021

Hello,

The wife not appointing advocate and not filing ws cannot be a ground for any favourable order in favour of the wife. The wife has to appoint an advocate and file ws. Further husband has already appointed an advocate so the advocate can conduct his case. The wife has informed the court that she is ready to reside with her husband but she was refused to enter the house. So as per my opinion in your case court will pass the order on the merits of the case. 

Sana heena (Na)     09 June 2021

Will it becomes exparti to husband . if wife is attending the court without lawyer and without filling ws more than 90 days summon received? 

Sankaranarayanan (Advocate)     09 June 2021

Husband also demand the same by RCR and wife also  ready to live with him Then no issues for it better to appoint a lawyer and file a written statement with all points particularly the In-laws are not allowing the wife.

So appointing lawyer is must in this scenario 

T. Kalaiselvan, Advocate (Advocate)     10 June 2021

You have repeated the same question in another thread.

To know about my opinion and others opinions, you may visit that thread also. 


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