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Sana heena (Na)     16 June 2021

Rcr


Can husband deny to take the wife back home after filing RCR by husband?if she is willing to go .


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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     16 June 2021

Hello,

After filing RCR husband cannot deny taking back her wife if she is ready to go back and reside with her husband. 

Advocate Bhartesh goyal (advocate)     16 June 2021

No, husband can't deny but he can withdraw the Petition.

Sudesh Kumari (Advocate)     16 June 2021

Husband cannot deny if the wife is ready to go with him, once RCR petition is filed by the husband but he can certainly withdraw his petition.

Vasundhara Singh (Student)     18 June 2021

Hello!  

Restitution of conjugal rights is ordered by the court in a case where one spouse withdraws from the company of other without any reasonable ground. The petition for restitution of conjugal rights is filed by the victim party against the spouse where the court orders the spouse that left to continue the marriage by living together. If the accused spouse is not interested in continuing with the marriage, then he or she has to prove to the court that they have left the company of their husband or wife on some reasonable grounds.  

As per your query, if the husband has filed for restitution of conjugal rights and the wife is ready to come back to him and live with him, in such case he must allow the wife and continue their life together. If after filing the suit, the husband refuses to take his wife in even though she is ready to come then that can be a ground of divorce on the behalf of the wife and he will also be liable to pay continuous maintenance as he is the one now withdrawing from the company of his wife and leaving her estranged.  

Regards  

Vasundhara Singh  


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