Restitution of Conjugal Rights

Ranganath (Querist) 22 January 2009 This query is : Resolved
In a RCR case will the family court conduct examination and cross exmination to find if there is a reasonable excuse for the spouses to stay apart. Even after counseling sessions if one of the spouse is re-fusing for re-union will the case be taken for arguments and exmination of witnesses before a decree is ordered.

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PALNITKAR V.V. (Expert) 22 January 2009
The petitioner has to prove that the other spouse is refusing to cohabit without justification. For that he has to lead evidence. Merely because the spouse refused during counselling session it can not be readily inferred that the spouse has no justification. There can be good reasons for refusal. The case can not be directly posted for arguments without examination of witnesses. A decree for RCR can be passed if the court finds that the spouse is refusing without sufficient reasons i.e. justification.