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kumarkumar (business)     18 April 2015

Rcr

Respected Sir, What is RCR, and which situations RCR is helpful Thanks and Regards, ADP


Learning

 7 Replies

fighting back (exec)     18 April 2015

RCR is a toothless tiger,

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 April 2015

RCR it is petition US 9 of restitution of Conjugal rights in hindu marriage act if a spouse or partner does not obey his or her matrimonial duties then this petition can be filed well in your case if you have filed it before lodgeing of 498A then it will help you in getting anticipatory bail futher if petition is decided in your favour than wife's right to claim maintenance from also ceased as it the latest judgemnt delivered by the Hon' H.P High Coutr

and 498a is themost ferious weapon in the arsenal of wife your RCR will also help in trial it will not preclude you from arrest as the offence is cognizable and non bailable

 

shahidkhan   18 April 2015

Is RCR also applicable to muslim marriages..?

kumarkumar (business)     19 April 2015

@shahidkhan
I collected this information from net, but please verify with your lawyer.

"Yes, the husband can file rcr and also the wife can file rcr against the husband. However the right is not absolute right. But, it is the fudamental Principles of all the matrimonial laws that, one spouse is entitled to the companionship and consortium and comfort of the other."

kumarkumar (business)     19 April 2015

Thank you @ fighting back

and 

Thank you @ ramachary64

shahidkhan   19 April 2015

As it comes under section 9 of hma..so jz confused...

N R Dash.. (Advocate)     20 April 2015

RCR is a weaker section. This can not be enforced on a party, although decree awarded.

A Muslim can indeed file suit for RCR but not under HMA but under Sharia Law.


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