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sanjeev pawar (service)     31 August 2012

Does rcr by wife, also is an act of condonation to husband

Hi all,

request you to kindly clear my doubt, as much is spoken in this forum that if a husband files a RCR against wife, it is also seen as an act of condonation of past mistakes by wife to husband, now is that same logic applicable in the case of wife as well, if the wife files RCR against husband, is it seen as an act of condonation to the alleged crimes committed by husband,, as the wife has previously claimed to have take taken place, if after RCR the wife files 498a dv etc, does the 498 or DV have that much of weightage, it would have had, if the RCR had not been filed?

also if the RCR is filed by wife, then can she claim for residential orders in DV or maintainence. etc. kindly shed light on this scenario.



 6 Replies

Tajobsindia (Senior Partner )     31 August 2012

1. The concept of RCR was introduced in India in the case of ref. Moonshee Buzloor Ruheem Vs. Shumsoonissa Begum (in 1867) [11 MIA 551] where such actions were regarded as “considerations for specific performance.”


2. Mere filing of RCR does not amount to pardoning or condonation of cruelty by spouse. However it does raise a natural point that if she was tortured / harassed to no end in matrimonial home by her husband why does she want to be with that same person? This presumption arise only if she files any Criminal Complaint and also files RCR and not in cases where Husband is first mover by way of a divorce suit and or judicial separation suit and she retaliates by just filing RCR. 


3. It is just a remedy that is aimed at preserving the marriage and not at disrupting it as in the case of divorce or judicial separation.


HOWEVER, one can always test her real intentions (cases where wife filed earlier a criminal complaint and also RCR); i.e. accept her RCR without any conditions and ask her to return to matrimonial home after withdrawing her RCR suit matter as compromised stating clearly in her withdrawal statement following wordings; "I am without any fraud, fear, coercion and or duress reached a compromise with my husband and have condoned all alleged acts of cruelties past and present and wish to withdraw my RCR suit matter against him and rejoin my husbands company with immediate effect, hence I may be allowed to do so". Once she withdraws her RCR with above Statement ditto copied into the dismissed as withdrawn Order Sheet of ld. Court then withdraw your Divorce stating just "Parties have reached compromise and I may be allowed to withdraw my divorce suit against respondent / wife as currently I donot wish to pursue the same".

Prashant Ghai (Advocate) (     31 August 2012

An RCR filed by the wife may be viewed as an act of condonation by the wife, which is why she is seeking judicial help to stay with her husband. So although it is not a sure shot act of condonation, but it many cases, it is viewed like that as per the facts and circumstances of the case.

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

i feel sad for any one moving 498A-IPC, and RCR suit. once moved it shows there is no consistency in the spouses. If you want reconcile you need to get properly mediated by Elders of both family at a regular conciliation under Mediation procedures. Else again there looms larger complicatons between spouses. Think before you do make any moves and emotions are double edged weapons in spouses hands.

You shd know why you want to withdraw 498A and RCR suit once filed? That aspect here is missing. so correct advice not possible


Adv DR.G.Balakrishnan 


Bombay high court

if desired to share information, may be possible as these issues are very personal and private of any spouse so my email id

JANAK RAJ VATSA (ADVOCATE)     31 August 2012

RCR by wife can only be surmised and inferred as to the reconciliation of the marital relatiionship but it does not amount to a clear cut condonation of the crimes committed by the husband against her.


How can you tell  JANAK RAJ VATSA crimes are done only from husband, please come out of the assumption, now a days wifes are the real demons.



dr g balakrishnan (advocate/counsel supreme court)     01 September 2012


Think, think think before any action.

without precaution if you think it is one sided. so mutual 100% acceptance is vital for any compromice.

so prevention is better than cure.

Hope is vital too. Never ever give up but talk less of law but talk less of compromice that is conciliation process. so get first conciliated then once went very well then withdraw cases that means a wise step so life will be smooth and luxuriant.

best wishes,


Adv Dr.G. Balakrishnan phd  llm

advocate (OS) Bombay  high court cell 09769699018 - if need clarifications any pls. tks n regds. 

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