Next step after filing RCR against wife
I had filed RCR against my wife in K.R. nagar taluk past 2016 but she didn't attend the court in 22Feb 2017, court has ordered me decree within one month so later at this month, I sent last notice by lawyer of orders then what will be my future steps and she didn't respond to that also I need my case future details and options. She is a bank employee we have a3 year old baby girl who is with her now so please guide me how to proceed as my lawyer says he is sending divorce notice but he took money from me for all this but I didn't attend any date or appear in court so plz tell what should I do next?
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1. It appears that you have some miscommunication with your Lawyer. Either change the lawyer or take proper guidence from him.
Decree for Restitution of Conjugal rights is usually for one year and gives ann opportunity to husband and wife to reconcile. If court feels there is scope fo reconciliation it may even ask the parties to meet a marriage counsellor. However once the RCR period is over and still husband and wife wish to seek divorce you should go to court and ask for it.
Restitution of conjugal rights. 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9
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