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Maintenancevictim (Own)     14 August 2017

Rcr contest in hc


I am the husband and I won RCR in Family court, This was won after due arguments from wife's side. An year after the judgement, wife has contested this in HC. She was seeking condonment of delay. At the hearing, HC judge mentioned that he would like to speak to the parties first and understand the situation before allowing the petition

Can you please confirm the relevance of HC judge's discussions. The FC judge also spoke to my wife during the proceedings and mentioned that he cannot force her to change the decision if she is firm on it. Is it the same case here too? Or can the HC judge give an order asking her to join my company? 

My intent is to continue with her and not to get separated



 4 Replies

Siddharth Srivastava (Advocate)     14 August 2017

Generally in case of matrimonial cases judges make an effort to amicably resolve the dispute. There is nothing illegal. Unless your wife agree you cannot force her to live with you. If she is firm to her decision not to live with you then there is no mean to compell her. Generally court remains reluctant to pass any harsh order in this regard so it is better that you opt for divorce by mutual consent.

Moxit Shah   14 August 2017

i agree with the opinion given by siddharth

Adv Radhika Mehta (Advocate)     15 August 2017

Marriage is between two people so both their consent is required to run a marriage.  If your wife is adamant on not staying with you, forget the HC judge, even an SC judge cannot force her.  The HC judge may just be trying to work out an amicable solution to put an end to unneccessary litigation. 

I would also like to advise you that rather than expecting the Court to direct your wife to resume marital relationshgips with you, you yourself should work on winning back the trust and love of of your wife.  

sai narayana   19 August 2017

If she fails to show sufficient cause for delay then her appeal will be dismissed without hearing.

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