How can I avoid attending RCR court proceedings in her location?

I filed a divorce petition in my native place, and the case is near the end of the reconciliation process. However, my wife has not attended any court sessions during reconciliation or responded to my petition; she only attended the first hearing to avoid an ex parte decision. Recently, she filed a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955. The court has sent me a notice to attend the next hearing in my wife’s native place. How can I avoid attending the court proceedings for Section 9 in her location? What are some reasons or ways to prevent this? Also, how can I speed up the process and make my wife attend the local court proceedings for my divorce petition?

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Advocate By LEAD INDIA Answered: 23 Jan 2025

Sir, to avoid attending court in your wife’s native place for her Restitution of Conjugal Rights petition, you can challenge the jurisdiction and request a transfer to your local court, citing inconvenience. Additionally, you can apply for an early hearing of your divorce petition due to her lack of participation. Consult a family lawyer to expedite proceedings and help compel her attendance or facilitate the transfer. For further legal assistance contact us on our helpline number.
 

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