Victim of 498a

Dear Querist,

RCR means Restitution of Conjugal Rights - Every marriage implies consortium i.e living together, and when the spouses live apart - the law gives a remedy to the aggreieved spouse to ask the other spouse through the instrumentality of law to come and resume cohabitation. The other party would then have to prove if he/she has a jusitified reason for living apart. Now logically why would one want to stay with the other ? only when the things are right. It is totally beyond me why a husband who has been false implicated like that would want wife to return. 

Though i understand people have been advising for it....but doesn;t really help on the contrary - 498a/perjury in maintenance proceedings is cruelty enough that might entitle him to divorce.

The only great thing about RCR is that once you get a decree - after an year if cohabitation still remains unfulfilled - you get a right to get divorce on that basis only which is a lot easier. Hence it is good only as a circuitos route to the ultimate remedy of divorce only.

Hope this helps....

Dear Sir,

That is a clear and sensible reply. I understand now why the Advocate has taken such a decision. My friend was worried when he read the RCR petition. He was asking how can I again live with someone who made his life so miserable. His parents and sister were almost behind the bar for no reason they did. Being from a community where there is no dowry system, and the marriage was arranged in a very cordiall and smooth way, the police case was a shocking blow to them. The whole episode started when they went for a joint counselling, the doctor suggested her for a psychotherapy session. This incident furiated her parents and they become hostile.