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Unrealistic response by wife for RCR notice

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Family Law

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I have sent an RCR notice to my wife. She has answered that they will arrange for sitting after two months. Until then she will not come to my house. It seems, even though both of us are staying in Bangalore and my kid will be there at her parent’s house in Hyderabad. They are restricting me to see him not even doing a video call even after multiple attempts. What to do for this kind of response after RCR notice.

Question from: Karnataka

You have filed a petition for restitution of conjugal rights (RCR). Therefore, it infers that you are willing to reside with your wife, and she has no sufficient cause to live separate. She has to reply to the RCR notice within the stipulated time. Her reply to wait for two months is unrealistic.

Your wife has restricted your entry in the house as well as disallow to meet your child. In the current situation, you have to file a petition before the district judge for granting a visitation right. You should file that petition under the Guardian and Wards Act.

You have to file the petition where the child is residing. You both are living in Bangaluru, so you file the petition in Bangaluru. The court can fix the duration for visitation. Furthermore, it does not matter that the RCR case is pending. Both cases can run concurrently.

Your wife cannot take the plea that in current disputes between the parties the visitation right may hurt the child [Harshita Bhasin v. State of W.B., (2017) 2 SCC 377] She is bound to facilitate visitation rights suitable to the child and his father. More importantly, when the court grants the visitation right, your wife can not create any kind of impediment in the meeting of the father with the child [Kanika Goel v. State of Delhi SLP (Crl.) Nos. 9872-9877/2017]

If you think that your wife may cause to delay the proceeding; meanwhile, you can move a petition before the High Court for direction to dispose of the case within a fixed period. The High Court may direct the subordinate court to dispose of the matter within six months or earlier. Causing delay without any reasonable cause is not permissible in the code of civil procedure.

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shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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