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Rahul Sharma (Others)     27 December 2011

Urgent - rcr/sec. 9 procedure

Dear All,

one of my friend have recently filled, RCR section 9 under HMA, court have accepted the request, so just want to know about the complete procedure that how much time would this take to reach the respondent, including what's the complete procedure..Step by step. Please help, prompt reply is much appreciated.



 26 Replies

Rahul Sharma (Others)     27 December 2011

Please advice and Please reply..need help.

SukrishRam (Manager)     28 December 2011

1. Once you filed the RCR, the copy of petition will be sent to respondent (your friend's wife) with the date this petition is taken for hearing by Hon'ble court.

2. Respondent and petitionnaire has to appear in front of the hon'ble judge on the date, if any one not appearing it wil be postponed to another date

3. As a first step, hon'ble judge will direct both petitioner and respondent to court counselling

4. Counselling might go for 3 to 4 times (approx 4 months)

5. Based on the counselling, judge will hear from both side and provide advice to both side

6. Based on the acceptance of both side, RCR will be granted (most cases, it will be granted)

7. But within a year time, respondent can file a petition to set aside the RCR coming out with new reason and he/she might need more time

The above procedure will take atleast 6-8 months, if both parties are present. If either of one absent, just add no of absent into no of adjournment. Your advocate can request court to provide the short date after 1 or 2 counselling is over. This is my personal experience.

1 Like

dr.pawan rajyan (member and secretory)     28 December 2011

notice will reach your friend  wife 3 to 10 days after he filed rcr.first date is usually given 2- 3 months later.if any party absent max. 3 chance can be given by court.durations of dates/interval depend upon your concil.then reconcillation.then on next date written statement by respondents and sec.24 for maintainance by her.then,husband evidence &cross by wife concil.her concil may take 2-3 times dates,without happening anything and meter of sec 24 remains running.then your wife evidence and cross.then arguement and then decision......................................................i personally think if reconcillation fails and it is favoring you (alongwith one year or more cruelity) then no need to continue sec 9,withdraw it and filed for divorce.DEPENDING ON CONCIL AND JUDE ,RCR CAN RUN 6MONTH TO 3 YEARS.

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In case husband is petitioner in RCR.

Wife filed HMA 24 and written response to RCR.  What is the next step now from husband perspective ?


Continuing to above query, Does husband have to file written response (objections) to respondent's written response ?

dr.pawan rajyan (member and secretory)     28 December 2011


1 Like

Rahul Sharma (Others)     28 December 2011

Thanks all for the reply and suggestions!

Just want to confirm back, that RCR notice would be sent within 3-10 days? Because as per our lawyer this generally take one month of time to reach the respondent. Please confirm back.

If wife is working and earning somewhat to what husband is earning, then also is she entitle for maintenance? What’s the set % or formula behind calculating the amount, what reply and proof do husband have to be ready with.

Also, what information or notice is generally sent to respondent with petitioner complaint? Any draft? Please share that.

Please advice some tips for husband to be ready with on fist hearing and thereafter.

Thanks once again to all!

dr.pawan rajyan (member and secretory)     29 December 2011

IF RESPONDENTS ARE IN SAME DISTRIC THEN  WITHIN 10 DAYS. IF OTHER STATE THEN MORE TIME TAKEN,GOVT.HOLIDAYS INBETWEEN ETC ARE DECIDIND FACTOR.                                                                  NO MAINTAINANCE IF NO CHILDS.what petioner has in application.nothing...!


Is wife's presence required during husband witness/cross ?

Shashikant V. Patil (Lawyer)     29 December 2011

Not necessary.  Your appointed Advocate conducting cross of husband and witnesses.

galsober@yahoo.co.in (def)     29 December 2011

Meanwhile.....as far as u came 2 know about the TIME-TRAVEL into RCR, Ld members have explained very nicely.

Remeber, what practically happens/may happen in MERA BHARAT MAHAAN.

RCR 1st date is given 3-4months away. She comes 2 know about the summons & she has n-number of methods to delay service for 8-12months. She has now ample time to use her 498a weapons. See, ur RCR notice has not delivered yet & she has almost put all of u behind bars........running around 2 PS courts(AB etc).

Even when 1st hurdle of summon-service is over, there are numerus methods to delay this civil process if she wants to do so! I have seen many RCR cases lingering for 4-5 years in courts b4 somethin real development occurs.

Rest.....all other varies from case to case....from court to court.....no generization!

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Rahul Sharma (Others)     30 December 2011

Dear galsober/All; Please advice some tips for husband to fight this situation. I am sure their would be some tips/strategies which could protect husband dignity and his family too. Please advice some tips for first hearing and thereafter. first hearing is after two month and notice is yet to reach to respondent. Petition is submitted just one week before only.

Rahul Sharma (Others)     01 January 2012

Any Advice all? Please guide.

dr.pawan rajyan (member and secretory)     05 January 2012

keep calm and stay cool,remain busy in somethings

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