Is RCR beneficial

chander mohan (Querist) 17 September 2014 This query is : Resolved
Sir I intend to know the followong :-
1) Benefit of filing RCR.
2) Will RCR decree help in later stage or its useless.

3) Is it real that if one get RCR decree, maintenance will not be granted to wife.

4) Kindly tell me why one should/should not file RCR.

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Anirudh (Expert) 18 September 2014
1. If one is truly want the spouse to live together, then one has to file the RCR.

2. RCR is only to express ones genuiness to live together NOT as a strategy to avoid maintenance.

3. Just because one has filed an RCR it does not mean that the Court will grant it. The other party will also advance its points. Only after going through the submissions of both the parties that the Court will decide whether to grant RCR or not.

4. Whether one should file RCR or not depends upon the intention of the party. There is no general rule to say in which circumstances one should file RCR and in which one should not.

Dr J C Vashista (Expert) 18 September 2014
I agee with the expert advise of Mr. Anirudh, nothing more to add except the fact that moving to court even if your intentions are genuine) is spoiling the mutual relation.
RCR is useless.

Devajyoti Barman (Expert) 18 September 2014
RCR ha both merits and demerits depending upon circumstances.
Unless you disclose your priority I cannot advise whether you should file RCR or not.

RCR decree helps to establish bona fide of the husband but surely can not avoid maintenance.

Rajendra K Goyal (Expert) 18 September 2014
Academic query.

Nadeem Qureshi (Expert) 18 September 2014
nothing left to add

M V Gupta (Expert) 18 September 2014
Filing of RCR may be useful -
1. to effectively defend a DV case or divorce case filed subsequently.
2. to ensure that ur spouse is not prevented or pressurized by her relatives not to return to her matrimonial house.
3. to effectively counter claims for maintenance.

Sudhir Kumar, Advocate Online

(Expert) 18 September 2014
RCR is tested tool to provoke wife to file 498a case and you got it as mentioned in

http://www.lawyersclubindia.com/experts/quantum-of-punishment-in-498-a-497646.asp

and in

http://www.lawyersclubindia.com/forum/498a-109368.asp#.VBqW5FeO5G0

Sudhir Kumar, Advocate Online

(Expert) 18 September 2014
repeated

http://www.lawyersclubindia.com/forum/details.asp?mod_id=109367&offset=1#.VBqX5VeO5G0