Civil Procedure Code (CPC)

Rcr


Husband files rcr but not appear in court only his lawyer is appearing and wife is appearing in court without lawyer and with out filling written statement and she is ready to go and went to in law house but they are not allowing.. 

Can wife go to women police  ?

or should go through court only.

After going women police ; If wife wants to file transfer petion will it  is impacts?

 
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Advocate

The wife has full liberty to enter into her matrimonial house so long she remains his legally wedded wife. 

She can file a DV case praying for residential rights in he matrimonial house.

In the RCR case, she need not appear before the court if she is willing to rejoin him and willing to live together with him, she can inform the court about her decision to return to her matrimonial home, the court would take a decision to dispose the case accordingly.

If she is willing  to rejoin him there is no necessity to contest the case nor there is any necessity to get the case transferred to the place of her choice.

However it depends on her circumstances and will and wish about it.

 

 


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Advocate

Repeated query                                                 

 
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Advocate

What is your stand in the matter. If you willingly rejoin with your husband, the RCR would be rendered infructuous.

 
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I am ready to join but in laws are not allowing to enter house when I went to join . Actually the case is filed by husband in one district and I am staying in other district. Husband's brother is a lawyer .I don't know what to do ! 

 
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Advocate

Let the husband's brother be a lawyer or anyone, you should not get scared of such issues.

You have rights to enter into your matrimonial home till such time you remain his legally wedded wife.

Your parents in law cannot stop you from entering into the house, you may take the help of local police as a precautionary measure so that your parents in law do not create any problem if you try to enter into their house.

 


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Rcr filed by husband after filling wrriten statement only wife  should enter matrimonial home ? If yes; then in how many days she  should file written statement .if she  is  attending court without written statement and without lawyer will court pass expart decree to husband

 
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Advocate

The wife can file a memo before the court stating that she is willing to live with her husband in the matrimonial home hence the RCR case may be disposed by passing an order directing the petitioner/husband to allow her inside the matrimonial home and permit her to continue the married life. 

This can be filed even without filing the written statement. 

She need not file a written statement to file this memo nor she requires a lawyer to represent her side before court. 

 
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Thank you so much for helping. 

From where can I get the memo to file. Or  is  this a hand written note?

Can we submit the memo before hearing date?

 
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