About rcr benefits for husband

Akhalaque Ahmed (Querist) 17 October 2011 This query is : Resolved
Respected Expert members

Good evening,

i am Akhalaque ahmed from Nagpur marraige on 09 may 2011. i have querries abour RCR act they are:-

1. benefits of RCR for husband.

2. if i fill a petition under RCR before court, after that my wife fill a case like DV, Dowery, divorce & furure maintance etc etc.in eyes of law whose is more safe from law point.

3.if suppose court give order to wife please stay with husband. if she denied court order then what will happen?

please give me detail solution for my every querries.

Thanks & Regards

Akhalaque Ahmed

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ajay sethi (Expert) 17 October 2011
if you have filed application for RCR it indicates your desire that you want to save your marriage and you want your wife to stay with you .

if inspite of court orders your wife refuses to stay with you then it shows that you are sincere in your efforts to save your marriage .

the domestic violence cases, dowry cases filed by your wife would be more of an after thought

if inspite of court orders she refuses to stay with you , then you can file for divorce

Devajyoti Barman (Expert) 17 October 2011
Both the rcr and divorce cases has its own inherent advantages and disadvantages.

So unless your priority is known it is difficult to let you know.

However these days the courts are not ignorant about the growing misuse of rcrs as most of the time husbands are filings such cases to be in the good book of the court without having any intention to bring his wife back.

Hopwever do not fail to bear in mind that the decree of rcr has however no bearing on the maintenance cases bot under pwdv act as well as u/s 125 crpc.

Sanjeev (Expert) 17 October 2011
RCR if filed before 498A (Dowry case) can have little consideration by the Magistrate while considering your bail application as little weight that would have against wifes allegation that she was thrown out of home for Dowry but no use otherwise.

An unwilling wife cannot be forced to be back by court.

Advocate M.Bhadra (Expert) 17 October 2011
In fact RCR is not effective safe guard for husband after filing a case by the wife,application of bail depends on the nature of FIR,examination of witness(sec.161 Cr.P.C.),case diary and also discretion of Court.Even it is very difficult to execute the decree of RCR in due course of law.So if you do not like to further living with your wife then it is better to file a divorce suit as it may be mutual consent or contesting.

Raj Kumar Makkad (Expert) 17 October 2011
All 3 questions raised by you have already been replied in common words by all experts. Nothing requires to be added except a legal point that your marriage has taken place only 5 months ago so you cannot file RCR petition before one year of your marriage. On the other hand your wife is free to lodge FIR, file for maintenance and DV Case.

Shonee Kapoor (Expert) 17 October 2011
There are no benefits of filing RCR, though I disagree with Ld. Mr. Makkad that it can not be filed within One Year of marriage, please see my detailed post in this regard

http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com