RCR filed by wife involved in adultery
7 months ago
In Jun 2021, my wife left me and my kids(10yr, 7yr) after quarrelling with my brother’s wife for silly issue. When I called her to return, she told that she would come only after the death of my mother and brother. Later I came to know that she is involved in adultery since many years and I have got some evidences. But she filed RCR now with many false allegations like harassment and dowry. Please advise me on next steps. Thanks in advance.
A.Dear client,
You have to reply to the rcr notice filed by your wife. You can deny the false allegations made by your wife and also include the facts from your side.
You have to reply to the rcr notice filed by your wife. You can deny the false allegations made by your wife and also include the facts from your side.
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A.Dear Client,
Section 9 of the Hindu Marriage Act, 1955 deals with the restitution of conjugal rights. It states that if one spouse has withdrawn from the society of the other without any reasonable excuse, the aggrieved party can file a petition in a district court for the restitution of conjugal rights. As soon as your wife registers RCR, she forfeits her right to report a divorce based on cruelty. If the partner wins the RCR and she no longer be a part of you, you may be entitled to file a divorce case after 12 months. This implies that if you do not comply with the RCR decree, after one year of the said non-compliance, she can apply for a divorce from you. There's no law that can force you to live with her under the same roof. In the prevailing situation, first of all, you need to hire a competent advocate for the reply to the section 9 RCR notice mentioning all the facts, and then if she proceeds further with the RCR then you go and contest the case as per the favorable facts and it will be more beneficial because both things can be done simultaneously, i.e, reply to RCR refusing it and filing of the fresh divorce petition.
Section 9 of the Hindu Marriage Act, 1955 deals with the restitution of conjugal rights. It states that if one spouse has withdrawn from the society of the other without any reasonable excuse, the aggrieved party can file a petition in a district court for the restitution of conjugal rights. As soon as your wife registers RCR, she forfeits her right to report a divorce based on cruelty. If the partner wins the RCR and she no longer be a part of you, you may be entitled to file a divorce case after 12 months. This implies that if you do not comply with the RCR decree, after one year of the said non-compliance, she can apply for a divorce from you. There's no law that can force you to live with her under the same roof. In the prevailing situation, first of all, you need to hire a competent advocate for the reply to the section 9 RCR notice mentioning all the facts, and then if she proceeds further with the RCR then you go and contest the case as per the favorable facts and it will be more beneficial because both things can be done simultaneously, i.e, reply to RCR refusing it and filing of the fresh divorce petition.
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