Response

If you are not attending the counselling, then automatically your case will be referred to the Court and court will decide your case which is already registered by your husband. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse.

The dismissal of RCR has no such adverse impact on your existing dispute.

Once the parties are sent to counseling, they need to appear before a counselor. This may be someone who has volunteered or has been appointed by the court, generally a female junior advocate. Counseling takes place on 2-3 dates with a gap of 2-3 weeks between two dates. This may be amicably sorting out the difference and go back to the husband, or to go for a divorce by mutual consent. If the parties agree, it will imply that the purpose of counseling/ mediation has succeeded, and the suit can be dropped. However, if the parties refuse to proceed according to the suggestions of the counselor, the counselor will forward the application back to court on grounds that mediation has failed.

Once the application is back in court, the suit will continue, and the respondent-wife is required to give her ÔcounterÕ to the husbandÕs application. Once this is done with, the proceedings for restitution of conjugal rights begin. The husband has to file a Chief Examination Affidavit for producing evidence that the wife has left him, which will result in cross-examination. Final arguments take place next, where both the parties represent their version of facts, cite any relevant judgments, and ultimately pray for relief from the Judge. Based on the counseling, statements made and the conduct of the parties, the judge accordingly grants the decree.

Reference: Section 9 of The Hindu Marraige Act 1955

202100150202100121078

LAWAYZ-2023-414