To RCR-filing In India the institution of marriage is governed by the ‘personal laws’. These personal laws govern concepts like divorce, maintenance, custody and restitution of conjugal rights (RCR).
What is RCR?
Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.
In India marriage is considered as a very sacred institution. Though marriage comes under personal laws and rules of marriage may be different but all the religions accept marriage as a sacred institution, it considers marriage as a framework which keeps this society well-functioning.
The fundamental ideology behind recognizing the law even after much deliberation is that it “protects the sanctity of the institution of marriage”. This is ironical because a marriage is the celebration of togetherness of two people and when one person is not interested in this fellowship there seems no point in forcing it on them.
What is the procedure followed?
- The aggrieved party files a RCR petition in the district court. This petition can be transferred by an application in the High Court or the Supreme Court.
- Copy of the petition is sent to the respondent with a hearing date from the district court.
- The Court requires both parties to be present on the hearing date in front of the Hon’ble judge.
- If both the parties are not available then another date is given.
- After this the court sends the party for court counselling.
- The Court counselling is done mainly by family courts and usually goes for 3 to 4 times. This might take 4 months approximately.
- Based on the counselling and the statements made and keeping in view the conduct of the parties the judge finally grants the decree.
During this time the wife can claim maintenance under Section 25 of Hindu Marriage Act, 1955. If the decree is not complied with, then the court goes for attachment of property. If the decree is not followed within one year it can become a ground for divorce
We advice men to file RCR
Essentials to be fulfilled
- One party must have withdrawn from the society of another.
- This withdrawal should be without any reasonable excuse.
- The aggrieved party files for a Restitution of conjugal right.
If the decree is not complied with, then the court goes for attachment of property. If the decree is not followed within one year it can become a ground for divorce.
When can a decree of restitution not granted?
- A ground for relief in any matrimonial cause.
- A matrimonial misconduct not amounting to a ground of a matrimonial cause, if sufficiently weighty and grave
- Such an act, omission or conduct which makes it impossible for the petitioner to live with the respondent.
We advice men not to file divorce and sometimes suggested to file RCR (Restitution of conjugal rights)
- If husband files divorce he would have to pay more alimony.
- The 498a wife will be set free to remarry and husband will be left handling the 498a etc.
- Divorce cases run for years.
- Cruelty and Adultery is near impossible to prove. Courts only treat the word of woman as true.
- Add to this a strong sentiment of ZERO settlement.
- One should tire the wife out and be patient till she comes forward for negotiated settlement.