Why not to file restitution of conjugal rights

well Shonee kapoor has personal experience so he is against  RCR, but if you are political and move your steps PROPERLY  it is most effective weapon. ALL STEPS CAN BE PROVIDED AND EXPLAINED IN LAW.

Moment you file RCR you are in high moral ground and it does not mean you have accepted the charges against you.

You have to be most cunning, political and calcualtor. Give all the lip service but curtail all the perks even to your discomfort and see the results. You are asking for RCR and other side is refusing and not ablle to explain to the court for reasons of refusal.

Most of the husbands face double whammy, they provide best of facilties even beyond the means but can not give lip service and that spoils the show. 

DO JUST THE REVERSE . PROVIDE BASIC MINIMUM AND TAKE LESSONS IN GIVING LIP SERVICE AND ANY OPPONENT WILL BE FLATTENED.

Dear Avinash Patil,

The AP HC deleted this from statute books in the case of T Sareetha Vs. T Venkata Subbaiah (AIR 1983 AP 356), it noted  that - the remedy of restitution of conjugal rights provided for by sec 9 of the said act was a savage and barbarous remedy violating the right of privacy and human dignity guaranteed by Art 21 of Indian Constitution. Hence it was consitutionally VOID.

However SC in Saroj Rani Vs Sudarshan Kumar AIR 1984 SC 1562, overruled this Judgement and re-instated this section in statute books by the so called golden words - It serves the social purposeas an aid to the prevention of break-up of marriage.

Also, point to be noted Sir, in 1983/ 1984, how many divorce cases were filed? Now Sec 9 is mostly (I would not use the word Solely) used as an oblique motive only.

I hope you agree with me.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

JSDN My Friend,

Though I expected something more concrete from a person of your caliber, but here is a reply to you to mull upon.

Till 1976, the only ground a spouse could counter RCR was a ground fit for grant of a decree of JS or Divorce. This condition was removed in 1976, now the respondent just requires a reasonable excuse to remain away from petitioner.

And here is the catch.  Where the question arises about reasonable excuse, the onus is on the Respondent.

So what would an equally political  calculative and cunning lawyer (your words, I don't mean any offence to anyone) on the respondent side would do?  - CREATE SOME REASONABLE EXCUSE.

A dowry harassment case would come handy. As we all agree that no lady should be forced to live with dowry demanding cruel husband. AND LO........ THE CASE IS SET TO GO ON FOR EONS.

Also now there would be a DOMESTIC VIOLENCE case, no court would send the woman to place where violence is committed on her.

Two Political, Calculative and Cunning lawyers having a slugfest, what about the litigants? They spend more and more on cases. :-)

It was just a reply to what you posted, there is no legal discussion here.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

JSDN,

One thing I wanted to add as a PS: It is not my personal case. I learnt pretty soon that RCR is a waste of time energy and money hence withdrew at the first opportunity, much to the chargin of my lovely 498-a wife.

But I have seen people filing RCR and getting 498-a in dowry from their wives in return, 100s of examples.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@ Shonee kapoor

What if Wife puts an RCR first and after 2 montsh she files 498A, the allegiations are simillar, but with contriadactions in them

Regards

Satish

Then the loss is hers and not yours.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

RCR is a wastage of time and money if one is facing false 498a.

Very Simple! Contradictory !

How we can say that we want our wife back whereas she is saying that you are demanding dowry and harassing her?

Before her 498a case file for divorce that will give some relief as it will treated as counter blast!

Thanks Shonee sir for explaining RCR nicely.

RCR should be deleted. 

I go with AP HC decision, 1983.

Because of RCR cases, courts are being overcrowded.

RCR is useful only for lawyers; not litigants.

Dear Shonee Kapoor,

I have gone through the entire process you have answered, but in general practice an advocate suggestion is to file RCR and never speak about the merits and demerits of 498a case.  Even, the attenders or a computer operator whose salary is less than 5000 per month are facing these cases.  I think section 498a should be amended.  Until now in any case primary evidence is important, but in 498a evidence is not necessary which is a main strength of ladies.  Amendement should be done which creates fear in persons filing false 498a cases.  After 498a cases files, it also should be a ground of divorce for men as it should be non-compoundable (in some states it is comoundable), as it is a case in which wife rejects the husband.  Why to spare these ladies who want to have their wants to be fulfilled with these legal weapons.

@ sharma

After 498a cases files, it also should be a ground of divorce for men

if husband and his family members are acquitted, it becomes ground for divorce.

Amit,

Mere acquittal is not a ground for divorce. The acquittal has to come with the statement that the case was false. Hence qcauittal in false 498a is a ground for divorce.

Sharma Ji,

498a is non-compundable in all states except the state of AP.

Learned members,

Allow me to put my exp. with RCR. Filed RCR and got 498A in return.

We stayed together for 3-4 months, Wife deserted for about 2 years, all efforts towards reconciliation (including personal , social etc etc) failed. She threatened about police court etc etc.I could sense that she is no more interested in living together and was happy at her place and using my name as life time tag to show that she is married.

I took help of my lawyer and filed RCR and got 498A in return. I do not regret the decision of filing RCR as atleast it has made my inlaws thinking very clear to me. 

As she filed 498A i withdrawn RCR stating the same fact that she has been very cruel to me and my family. I would like to thank learned members of this forum for guiding me throughout.

Moral of the story : I used RCR to know the thinking of my bitter half and in-laws and let it trigger subsequent cases..

So it triggered the 498a for sure.

If you would have filed Divorce the results would have been the same.

Very true Shoneeji.

Now its like Bitter half has to spend more money in order to get money from me. 

do not worry... if you are not cruel according to 498a, go for a defamation and pull her entire family and go for a hefty hike in compensation... justice delayed but will get it... and sooner or later their entire family will be punished, if not physically, financially...