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Mahesh (others)     14 January 2015

Can wife file rcr ( restoration of conjugal rights )

My sister and her son has been staying with us with parents from past 10 years. Her husband Stays in same town with his parents and visits her and child regularly at our house. He didnot want to take her to his house as his parents didnt like my sister and used to trouble her during initial days of marriage. Now suddenly he wants to file for divorce. My sister wants to stay with him with child as she has no reason to accept divorce. Can we file RCR ( Restoration of Conjugal Rights ) in this case , so that she can stay with him ?


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 2 Replies

fighting back (exec)     19 March 2015

My sister and her son has been staying with us with parents from past 10 years.
 
your sister is staying with you and your parents since the last ten years!!!!  WOW..........all this while she did not take care to mend the relations with her husband and inlaws.......dont you think 10 years is a long enough period of staying separately??
 
 
 
Her husband Stays in same town with his parents and visits her and child regularly at our house.He didnot want to take her to his house as his parents didnt like my sister and used to trouble her during initial days of marriage.
 
husband is still visiting her regularly at your house. he is very well trying to the relations. he is doing his duty
 
 
Now suddenly he wants to file for divorce. My sister wants to stay with him with child as she has no reason to accept divorce.
 
it appears that he is fed up of convincing your sister to join him back, which is the duty of the lady to live with the husband and hence he has no other option but to file for divorce. the conditions laid down might be such that he cannot accept
 
just because he has thought of filing divorce, you have woken up and realised that she wants to stay with him!!!! what happened in the last 10 years, didnt this realization come before?

Can we file RCR ( Restoration of Conjugal Rights ) in this case , so that she can stay with him ?
 
Filing RCR is a well planned afterthought to show yourself clean in the eyes of the law, 
 
but anyway.....RCR is useless stuff, no world can force the man to live with his wife.......

N R Dash.. (Advocate)     08 April 2015

10 long years staying separately now RCR creates suspicion. Your story does not substantiate.

 

Anyway, rightly advised, RCR is a weaker section & court can not force anyone to stay with other. Even if a decree is passed, no enforcement for the same. Better, go for amicable settlement by mutual discussion among families.


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