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S.B _Kolkata (Service)     19 December 2009

What is RCR? how will it affect at 498a

What is RCR and its effectiveness?

Suppose one who filed RCR and after getting the summon from court,  his wife filed 498a against him. So can it void the chance of arresting him or his family members mentioned in wife's complain?

If not , then what is the application of RCR and condition, based on it RCR can be filed?



 16 Replies

Raghav Sood (Lawyer)     19 December 2009

RCR it is petition US 9 of restitution of Conjugal rights in hindu marriage act if a spouse or partner does not obey his or her matrimonial duties then this petition can be filed well in your case if you have filed it before lodgeing of 498A then it will help you in getting anticipatory bail futher if petition is decided in your favour than wife's right to claim maintenance from also ceased as it the latest judgemnt delivered by the Hon' H.P High Coutr

and 498a is themost ferious weapon in the arsenal of wife your RCR will also help in trial it will not preclude you from arrest as the offence is cognizable and non bailable

1 Like

Khaleel Ahmed (Legal Advisor)     19 December 2009

Both are different cases. RCR is the restitution of conjugal rights .Section 498/A deals with dowry harassment.
1 Like

Adinath@Avinash Patil (advocate)     22 December 2009

RAGHAV SOOD IS  ABSOULTLY RIGHT

2 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 January 2010

What is RCR and its effectiveness?

SEC 9 OF HMA - restitution of conjugal rights. it is a prayer by a petitioner; summun by a compitant court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

Suppose one who filed RCR and after getting the summon from court,  his wife filed 498a against him. So can it void the chance of arresting him or his family members mentioned in wife's complain?

no; both are seperate;

If not , then what is the application of RCR and condition, based on it RCR can be filed?

RCR, is a great law; the purpose is to compale the respondent to resume his/her matrimonial duties. If he/she does not; then decree of divorce will be sanctioned. HMA,sec9 quoted bellow:

"9. Restitution of cojugal right.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly

Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society."

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

 

1 Like

S.B _Kolkata (Service)     16 January 2010

From the first day of marriage Iobserved that she has no interst to stay peacefully with my family. Though my job was transferable and during that period she was with me and tried to isolate me in any ways means ....

Now I came to my native place and doing my service from my home. but she is disagree to stay with me. In this situation Can I file RCR ?

Secondly, after getting summan from the court if she wants to come back, I am anticipating that she must have some intension to alleaged falsely on my parents and file 498a against us.

So at this stage , what should I do to save my family? Please advise me...

Hardik Mehta (Family Counsellor)     17 January 2010

R,

Your family is safe and dont worry about the 498a. This is the initial hiccups and after getting the bail, you and your family is very much safe. At most she can put you in jail for couple of days. This is the last resort that she can do. I would suggest that instead of RCR, file for the divorce on the grounds of cruelty and desertion. The recordings will help you in establishing the facts of cruelty. Applyf for child custody also along with Divorce. She is not fit for the family life.

2 Like

S.B _Kolkata (Service)     17 January 2010

My daughter is 4.5 month old. At this stage can I file case for child custody?

Secondly, At this stage if she file a case of RCR against me showing the reason that I am unlike to stay with her, then what would be the adverse effect?

Main thing is that she wants to stay with me but separately, which I opposed strongly. But how can I prove that?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 January 2010

ask her at court in front of judge, in the witness box -

(1)  wheather she wants to come back at her matrimonial home or not.

(2)  what she expect from her husband in regard to her in laws?

she must have to answer; and your problem will be solved. now you have reached in such a state that you have to leave the fear of 498a,& dv. otherwise you have to compromise with her.

1 Like

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     18 January 2010

As stated by Hardik Metha sir, You have to carefully collect the evidence pertaining to crulity, Better you move for Anticipatory Bail, Since there is apprehension of you beng arrested,consult your lawyer in your area.

1 Like

supabcdefgh (teacher)     21 April 2012

20 years in step to marriage, if wife stops s*x. What do you do?

What is the defination of  reasonable excuse?

And what if there was a justified reasonable excuse?

Does the  husband have to scilently go through a s*xless life scilently?

THANGADURAI (Proprietor)     22 April 2012

The husband filed for divorce and the case is under trial.

The wife filed DV almost at the same time, against husband.

Is it possible to file RCR now? The husband after their physical separation did not mind to take care or pay money for maintenance etc. What is the status of the wife now?

rajiv_lodha (zz)     22 April 2012

If u want to ask CAN file or CAN NOT? Then.......he CAN file RCR

But I do not see any use of such RCR case now

debasish palchowdhury (development officer)     07 August 2012

debasish.palchowdhury@yahoo.com

 

sir,

 

plz advice.....i will be grateful forever.

 

my wife left home with an intention to dessert her mother in law(my mother) on 12th jan 2012

 

i filed RCR on 2nd april 2012

she wants to come back in my home but does not want to live with my mother in same house

 

i want to live seperately with my wife beacuse i have 1 1/2 yr old daughter

 

what is the fate of my RCR? should i withdraw RCR? my wife appeared before court  for 2 times. i have come to know that my wife lodged  a gdr against me and my mother in anticipation of my RCR(after she has been served with notice of RCR)

 

what to do ?

plz advice

Regards,

debasish palchowdhury


(Guest)

If RCR is filed before 498AIPC and no hardcore alegation made out in such application than it may be useful against 498A. Otherwise not.


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