restitution of conjugal rights
Querist :
Anonymous
(Querist) 06 December 2011
This query is : Resolved
Wife filed false application u/s 18,19,20 and 22 of Domestic violence Act against husband.Can husband file marriage petition u/s 9 of Hindu marriage Act for restitution of conjugal rights.
Shonee Kapoor
(Expert) 06 December 2011
Can Husband File Sec 9 of HMA: YES
Should He File: Depends upon the situation.
To my mind, it is one of the most futile provisions of Indian Law. Please find below my details article on the same.
http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 06 December 2011
Yes he can file RCR which yields dividends in both short and long run.
prabhakar singh
(Expert) 06 December 2011
Yes! husband can file restitution of conjugal rights[RCR].But I also share Shonee's view since very inception that it very futile kind of remedy to seek for wasting so much time and money just to boil an egg.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 December 2011
well Shonee knows better since he is going through it but some times in the process the advice of legal experts is given go by.
In my opinion and we practice it as a rule that RCR is the best weapon of offense.
File RCR make all the noises that you are sincere but but discontinue all the perks of modern living in the process. You may have to live in rock bottom simplicity but no court can force you to provide perks.
And in the process RCR will be refused by other side and your credentials will be established.
Devajyoti Barman
(Expert) 06 December 2011
As far as my experience is concerned the RCR has proved to be a success in almost all my cases where we preferred to file this type of suit.
M.Sheik Mohammed Ali
(Expert) 06 December 2011
how do you have rights to file a case against your husband the same rights have to RCR case to file against you.
Nadeem Qureshi
(Expert) 06 December 2011
RCR is realy a wapeon for defence to show your intention.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 December 2011
Mr Sheikh what is your querry , as I understand whether wife can also file similar application. If she is smart and willing to face it surly it will help her.
Arun Kumar Bhagat
(Expert) 06 December 2011
Yes! husband can file restitution of conjugal rights[RCR]
Rajeev Kumar
(Expert) 06 December 2011
Yes i agree with experts
Dr V. Nageswara Rao
(Expert) 06 December 2011
1.This issue has been duscussed threadbare in judgments of AP High Court and of Deli High Court and unltimately of Supreme Court 2. RCR is found to be useful in a positive and negative ways. Where the husband or wife does not join the spouse because of coersion from parents etc, this decree is useful in bringing them together.
3. Often, RCR is used as a step towards the inevitable divorce because the situation is already so bad that the couple needs the Court's intervention to live together.
Shonee Kapoor
(Expert) 06 December 2011
Dear Experts, Ld. Mr. Barman, Mr. JSDN, Mr. Qureshi,
Could you please give me any benefits against the stated in my article.
http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp
I have listed all the drawbacks from my experience of more than 2000 victims of matrimonial laws.
I have yet to see beyond a one-off success story of RCR.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 06 December 2011
There is no bar to do so as both provisions have no inter connection.
Ramanathan G
(Expert) 08 December 2011
Write your grievances honestly - let the judge feel that you are not using it as a defence. After all it is your life. if you wrongly married, admit it. otherwise allege and prove mistake from her side and the court will help you to get justice.
