Is it possible to file for protection order along with rcr?

I am a lady who got thrown out of my matrimonial residence nine months after marriage on grounds of infertility. We have been trying for a baby right after marriage but I failed to conceive inspite of our best efforts. No medical problem has been detected on either side. My husband is hell-bent upon divorce, but I want to preserve the sacred bond of marriage and restore our marital life in my matrimonial residence along with my husband and in-laws. After months of failed talks with my husband and in-laws, I filed a petition in lower court u/s 9 for Restitution of Conjugal Rights. Thereafter my husband filed a Divorce case on false grounds of cruelty (since infertility is not a ground of divorce).

Thereafter my husband has started the 'delay tactics' by taking frequent adjournments, changing lawyers, making amendment of his petition and written statement, etc etc. Almost three years have passed now since I filed my Restitution of Conjugal Rights, but the hearing (analogous) of the two cases have started only a few weeks back. It is quite obvious that it would take at least another 3-4 years to get the final verdict. I am already in mid-thirties and wish to restore my conjugal rights as soon as possible.

 

1. Is it possible to apply for 'Protection Order' and/or 'Residence Order' alongside my current RCR (Restitution of Conjugal Rights) case? I mean, does filing of 'Protection Order' and/or 'Residence Order' petition mean filing for a Domestic Violence case? In other words, can 'Protection Order' and/or 'Residence Order' be filed only if the wife files a Domestic Violence case? (I am not much acquainted to legal matters, so sorry if my questions are silly). I wish to restore my marital life peacefully and do not wish to wither away the 'good intention' a RCR stands for. Thats why I didn't go for a DV in the first place.

Yes, you can apply for Protection Orders and REsidence Orders only under DV which is in direct contrast to the relief sought by you under RCR.  Protecton orders means orders restraining the husband from harassing you, torturing you, physically, mentally, emotionally etc.  It will not help you in the present conduct of your husband of taking adjournments etc.  There are other remedies to combat that.  

As far as residence orders are concerned, maintenance includes the provision of residence. In RCR matters, you can always seek maintenance during the prendency of the matter.  However, in your case, not advisable. 

 

2. How long does it take to get the final order of 'Protection Order' and 'Residence Order'? (I heard it takes a maximum of 60 working days to get the order.)

No time limit can be guaranteed. Though the law says that matters have to be disposed off within a stipulated time, that rarely happens. 

 
P.S:  W.r.t. 'Residence Order' I would like to inform that my matrimonial residence is owned by my father-in-law. I am a highly earning lady whereas my husband is unemployed.

If RCR is allowed, then you may be permitted entry once again into your matrimonial home.