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.
As you have filed a petition for restitution of conjugal rights (RCR), it indicates that you are willing to live with your wife and that she has no justifiable reason to live separately from you. Your wife must respond to the RCR notice within the given timeframe. Waiting for two months for her reply is impractical.
Your wife has prohibited you from entering the house and meeting your child. In this scenario, you must file a petition before the district judge to seek visitation rights under the Guardian and Wards Act.
The petition must be filed in the city where the child is residing, which in your case is Bangalore. The court can determine the duration of visitation, and it does not matter if the RCR case is still pending. Both cases can run parallel to each other.
Your wife cannot argue that granting visitation rights will be detrimental to the child in the current situation between the parties [Harshita Bhasin v. State of W.B., (2017) 2 SCC 377]. She is bound to facilitate appropriate visitation rights to the father and the child. Furthermore, when the court grants visitation rights, your wife cannot create any impediments in the father’s meetings with the child [Kanika Goel v. State of Delhi SLP (Crl.) Nos. 9872-9877/2017].
If you think that your wife may cause delays in the proceedings, you can file a petition before the High Court for a directive to dispose of the case within a specific period. The High Court may order the subordinate court to dispose of the matter within six months or earlier. Causing delays without any reasonable cause is not permitted under the code of civil procedure.
