full form of RCR
abc
(Querist) 16 June 2010
This query is : Resolved
kindlly do let me what is the full form of RCR ? Is this helpful to bring my wife back ?
Adv Archana Deshmukh
(Expert) 16 June 2010
RCR means Restitution of conjugal rights. A petition u/s.9 of the Hindu Marriage Act, can be filed.
abc
(Querist) 16 June 2010
how can I file the RCR, what is the procedure to file a RCR ? would this be better to hire a divorce advocate for this ? how long will this take in filling the RCR ? Can you do let me know about the entire procedure ? Is this the best way to bring my wife back coz delivery is next month and right now she is with her parrents ?
RAKHI BUDHIRAJA ADVOCATE
(Expert) 16 June 2010
U will ahve to file a case with the court of ur concerned area. For more details u can contact me at 9871158578
A V Vishal
(Expert) 16 June 2010
There is a very popular proverb that one can take the horse to a water tank, but you cannot force him to drink water. The provision of Restitution of Conjugal Rights in the Hindu Marriage Act seems to be a similar one. After solemnisation of marriage under the Act if one of the spouse abandons the other without reasonable excuse, the aggrieved party has a legal right under section 9 of the Hindu Marriage Act, 1955 to file a petition in the matrimonial court for restitution of conjugal rights.
Section 9 of the Hindu Marriage Act, 1955 reads as follows:-
"When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district court, for restitution of conjugal rights and the court, on being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".
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excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
If, after hearing the petition of the aggrieved party, the court comes to this conclusion that the grounds made out in the petition are genuine and have satisfactorily been proved, the court in that case would pass a decree of restitution of conjugal rights.
The execution of the decree of restitution of conjugal rights is very difficult. The court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any provision of law. Of course, the non-compliance of the said decree amounts to constructive desertion on the part of the erring party. As per provisions of the present Act, the aggrieved party can move a petition for a decree of divorce after a period of one year from the date of the passing of the decree and the competent court is fully authorized to pass a decree of divorce in favour of the aggrieved party.
But under no circumstances the court can force the erring party to consummate marriage. Another advantage is that the aggrieved wife can have from this provision is that she can claim maintenance from the husband.
Before the Andhra Pradesh High Court, the constitutional validity of section 9 of the Hindu Marriage Act, 1955 was challenged. In T. Sarutha V/s T. Venkatasubbaiah, AIR 1983 AP 356, the Hon'ble Court observed that "section 9 of the Hindu Marriage Act is violative of right of privacy and human dignity guaranteed under Article 21 of the Constitution of Indian Republican and is, therefore, ultra vires the Constitution. It denies woman her choice whether, when and how, her body is to become the vehicle for the procreation of another human being…."
It was very practical and progressive judgment, but unfortunately the High Court of Delhi gave a dissenting judgment, and ultimately the Supreme Court over-ruled it.
The Supreme Court observed that introduction of Constitution Law in the matrimonial home was like the introduction of a bull in a china shop. The Supreme Court, in Saroj Rani V/s Sudharshan, overruled the judgment of the AP High Court delivered in T. Sarutha V/s T. Venkatasubbaiah, approving the Delhi High Court judgement.
The approach of both the judges misses one fundamental aspect of family, that is, when home is broken beyond all possibilities of repair, when it has become an arena of bouts between the spouses, neither the restitution of conjugal rights nor the constitutional law can help.
Such a union should be broken with maximum fairness and minimum bitterness, distress and humiliation.
The only merit here is that one year's non-compliance of the decree can lead to divorce. This is hardly a merit of the decree of restitution of conjugal rights.
Guest
(Expert) 16 June 2010
RCR- MEANS RESTITUTION OF CONJUGAL RIGHTS .THERE IS A PROVISION UNDER SECTION 9 OF HINDU MARRIAGE ACT FOR RESTITUTION OF CONJUGAL RIGHTS.YOU MAY FILE PETITION IN THE COURT FOR RESTITUTION OF CONJUGAL RIGHTS.COURT WILL ISSUE NOTICE TO OTHER SIDE AND BOTH MAY COMPROMISE THE MATTER WITH THE HELP OF COURT.
THANKS.
abc
(Querist) 16 June 2010
Is there any chance to file a case of 498a by my wife and his father after filing RCR while I have enough evidence to prove the nothing was demanded by me in the form of audio recording which prove that I m hundered percent innocent... this is the only egoistic attitude of my father in law....
abc
(Querist) 16 June 2010
dear sir/mam..
kindlly suggest me few good and expert advocates with there phone numbers in delhi for filing RCR specially in east delhi.....
SRIKANTH MYLAVARAPU
(Expert) 17 June 2010
RESTITUTION OF CONJUGALL RIGHTS
ITS AN BEST GROUND FOR DIVORCE
EVEN THE WIFE/HUSBUND WONT JOIN WITH THE PETITIONER HUSBUND/WIFE WITH IN ONE YEAR FROM THE DATE OF DECREE
Pankaj Kundra
(Expert) 17 June 2010
Restitution of Conjugal Rights it is
abc
(Querist) 17 June 2010
kindly do let me know that after filing RCR by me, can my father in law or my wife logde a case under section 498a or any other kind of case ?
abc
(Querist) 17 June 2010
kindly do let me know that after filing RCR by me, can my father in law or my wife logde a case under section 498a or any other kind of case ?
A V Vishal
(Expert) 17 June 2010
Yes they can, there is no bar.
