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Sanmathi S Rao 14 September 2024

Restitution of conjugal rights

Can the court draw inference of neglect if the husband has failed to file RCR for a maintenance case under Sec 125 Crpc, 1973 ?

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3 Replies

P. Venu (Advocate) 14 September 2024

You have not posted the complete facts.

T. Kalaiselvan, Advocate (Advocate) 14 September 2024

The court will go by the case before it and will not entertain your such imaginary concepts.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 14 September 2024

Yes, the court can draw an inference of neglect if the husband fails to file a Restitution of Conjugal Rights (RCR) in a maintenance case under Section 125 CrPC, 1973. Here's why: 1. _RCR is a reciprocal remedy_: When a wife claims maintenance under Section 125 CrPC, the husband can file an RCR to show his willingness to live with his wife and discharge his marital obligations. 2. _Failure to file RCR_: If the husband fails to file an RCR, the court may infer that he is not interested in living with his wife or fulfilling his marital responsibilities. 3. _Presumption of neglect_: The court may presume that the husband has neglected his wife and is not willing to maintain her, which can strengthen the wife's case for maintenance. 4. _Court's discretion_: However, the court's inference of neglect depends on the specific circumstances of the case. The court may consider other factors, such as the husband's conduct, income, and assets. 5. _RCR is not a mandatory requirement_: Filing an RCR is not a mandatory requirement for the husband, but failing to do so can have implications in the maintenance case.

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