RCR WORK WHEN CASE IN MEDIATION

RCR: As the name suggests, it demands for "Restitution of Conjugal Rights". Each spouse gets some matrimonial rights out of wedlock. If one of them retracks (e.g. leaves the company of the other without sufficient cause), the other may file RCR & pray to court that his/her matrimonial rights are restored. Its a civil case & court can not force the decision of living togather on the parties.

There is no such thing that Hubby is liable to file RCR after wife submits 498A.

If husband who has 498A proceedings on his head, still wants to rehabilitate his beloved wife with him, he gets ample oportunity to do the same during CAW cell meetings.

Be careful that RCR is double edged sword. Never use it as a legal tools if u do not want to take back ur wife actually.

galsober

Dear galsober,

Thanx for your suggestion. Actually my frd wife file false case of dowry and then thretend by 498-A. She has poltical background also in U.P. and we are reside in delhi. We are ready to finish this realtionship after this act but she is not ready for divorce. She is living with my frd house forcely but he had no phy realtionship past 2 yr.

What should we do for divorce. And how to handle this case can't understand.

Pls help me.

Regards,

Anu

Can some condition be said in RCR of the fact of not to do cruility on children and husband  or do domestic work.

There is no such points where it can be written.

Please suggest.

Anu, RCR and 498a is just a general practise/trend..

What does your friend's wife wants finally???...Don't take it lightly when she has given hints that she may file 498a..Have a lawyer VIA reference who can prepare/ strategies your case....

Regards

Chetan(dot)7679(at)gmail(dot)com

RCR is useless strategy in all-ways.

how RCR is a double edged sword.what r its pros & cons...

raj

hi anu,
Restitution of conjugal rights (RCR) is a civil case. It is a legal way of showing your interest in getting your wife back.

If she files a false 498a, RCR helps in the ways mentioned below.
1) Reduces maintenance and alimony
2) Weakens her 498a
3) Fast tracks divorce
Normally, a wife will not come back once you have filed RCR. If she does,
it'll only be to fabricate evidence against you,

the downside of RCR is that it increases the risk of a false 498a against you. So file an RCR if you are sure that she's anyway going to file a false 498a against you.

and if husband who has 498A proceedings on his head, still wants to rehabilitate his beloved wife with him, he gets ample oportunity to do the same during CAW cell meetings.

regards

abhi.kumar9law@gmail.com

The advantages of RCR are good ,Kindly respond to the following quaries:

1) Reduces maintenance and alimony : How much the amount will reduce
2) Weakens her 498a : Will it helps in getting AB or bail immediately.
3) Fast tracks divorce : How much time it will take if after it husband file for divorce.

4) How much time it takes for expartee RCR decree.

Thanks,

Rgds,

Raj
 

Read Shonee Kapur's well written thread on pros & cons of RCR. It wil help u making ur mind

hi Raj

Lets answer your query in the serial order asked

1. That wil totally depends upon how greatly your lawyer handle it and on your luck too becz amount can't be fixed right    now..

2. And rcr can'nt even help you in getting bail or ab. Both case here are diff 498a deals with cr.law and rcr in civil matters they don't have any relation.

3. Now when you are out of your mess called 498a then only this rcr can help you by proving innocence from your side and after she declines rcr degree of court  then you can file for divorce.

Now my freind please understand this rcr thing can only help ou when you are at more comfortable position rather than facing charges under 498a

regards

abhi(dot)kumar9law@gmail(dot)com