A.Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance under Sec.125 CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights Otherwise, the divorce petition cannot be filed parallelly with the petition for the restoration of conjugal rights. Reach out to an Advocate for guidance and steps.
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance under Sec.125 CrPC. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights Otherwise, the divorce petition cannot be filed parallelly with the petition for the restoration of conjugal rights. Reach out to an Advocate for guidance and steps.
Helpful
Helpful
Share
Read Related Answers
Separation from Sibling on a legal ground
Dear Client,
You cannot be legally separated from your sibling. If the separation is about the property matters, then we would require more details on the issue, to answer your question precisely.
Hop...
My sister is not giving my share from our parents property
Dear Client,
If your parents died intestate (without a will), then you and your sister are equally entitled to the property according to the law of inheritance. You can file a suit before the jurisdic...
Husband denied expenses for both of us
Dear Client,
Section 18 of the Hindu Adoptions and Maintenance Act (herein HAMA), 1956 states that a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be m...
Seeking Anullment of marriage
Dear madam,
You cannot file second divorce petition but such additional ground for declaring your marriage as null and void. You may amend your earlier petition and add additional ground.
Mental Abuse and Harassment by Mother in law
Dear Client,
Such kind of inhuman ill-treatment and emotional harassment by a mother-in-law towards her daughter-in-law deserves stringent action and strong protest by filing a complaint under Sec.12...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
