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ashmita (executive)     30 August 2012

Divorce filed by husband

what is rcr ?? what are its advantages and disadvantages??


 8 Replies

Hi. It is Restitution of Conjugal Rights. Ehusband (petitioner) can file a petition before the family court / senior civil judge court asking the other party (wife) /respondent to join the marital life of the petitioner (husband) Sec. 9 of Hindu Marriage Act, 1955 deals with it

Vinu (executive)     31 August 2012

Hi Ashmita,

I m not a lawer. i m telling through my gathered knowledge.Consult and confirm with a good advocate too.

In simple words..It's a "Restitution of conjugal rights" that a husband or wife can give a legal information to another a call to reconcile the issues with the help of family court's counselling and meditation.


1.It creates chances to talk and solve the major family disputes and lead life together.

2.It shows your good intention of saving your marriage.

3.The family court proceedings will be easier and friendly in nature for handling RCRs.

4.We can get relaxed by counselling to get out of the problematic/stressed mind.

5.No interuption/hesitation about the double game advocates.Sorry if hurts any professionals.some are like that in fact i respect real law gurus.


1.It will consume 2-3 years if any one being adamont to join.

2.If the wife already got any reliefs before ( Dv maintenance/ residing order from other courts) that all becomes as dead.

3.It is not sure that we will get him/her back if he/she neglects counselling.

4.If one has decided to way..ends in divorce.

5.The result depends upon the counsellors interest and sincerity also.

1 Like

dr g balakrishnan (advocate/counsel supreme court)     31 August 2012

i agree with vishnu. so think before you leap...after all life is not fun and frolic alone but has inbuilt stresses and strains, if one only wants fun and frolics thoughout marriage it is juct impossible. So before marriage think several times.

adv dr G Balakrishnan 

advocate Bombay HC

independent director of public limited companies...adviser on corporat affairs.

1 Like

ashmita (executive)     31 August 2012

@ vinu...... thanks for the help...... can you please share your id ?? we can chat through it.......if you dont mind.........

my id is:

ashmita (executive)     31 August 2012

@ balakrishnan: right...... i want to save my marriage....... i think by filing rcr hubby will oppose it.....i cannot force him to stay with me......and so it will end in divorce..which i don't want...... so i think its better if i fight my case on merits .....isn't it ?

dr g balakrishnan (advocate/counsel supreme court)     31 August 2012

dear Asmita,

you wanted to know what is 'RCR' = restitution of conjugal rights. that does not mean your right to rape your wife or you your husband as rape is a punishable crime. Without consent no conjugal rights are possible.

so without consent married spouses cannot over reach each other that is also need to be noted. conjugal rights are very mature decision.

a man cannot treat his wife like he treats a prostitute so  vice versa as prostitute to has rights.

toay problems are arising mature understandin in  s*xual relationsis practically absent, as husbands thing theor wifes can suffer under castin on couch as soon as husband needs s*xual satisfaction

hope i explained implications too.


do not move to cruelrt and once in  then RCR is not meaningful at all for the accused may do physical harm to the spouse too!


ashmita (executive)     31 August 2012

@ balakrishnan: a way you are right..... nothing can be forced on this earth......... court cannot force my hubby to live with the same tme court cannot force me to divorce him.........its endless

dr g balakrishnan (advocate/counsel supreme court)     31 August 2012

get your issues are duly mediated before both of your spouses and your ekders with witnesses once properly conciliated or mediated, that is a better solution. never ever move to courts those who really want to save marriages. once married people need to be accommodative that does not mean you husband go on asking your parents you give this and that if that happens better divorce in the first instance after all you cannot save that man as a sensible husband, so we sat before marriage get proper investigation about his or her character by private detectives and they are available. today crelty chaged under 498 A IPC happens due to carnal desires or excessive demands of money and property, as today people have become manmon worshipers and so meaning of life is nothing to them. suh people when come for marriage they have ulterior motive that has to be deciphered beforehand, if no marriage at all it is okay compared to falling in such hands is my view, if i sound wrong pardon me!

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