Restitution of conjugal rights

Based on Application moved by you under S.9 of Hindu marriage act, the court issues RCR order in your favor directing your wife to join you and your society respecting your conjugal rights.  However it is not binding on her to come and join you. If she does not respond to court order court cannot do anything and if you wish to apply for divorce after one year from the date of order of RCR claiming that restitution of conjugal rights had not taken place subsequent to order made by court, you have fair chance of getting divorce decree in your favor.  She can also file for decree of divorce after one year saying restitution of conjugal rights had not taken place and she also has fair chance of getting divorce decree.

1. Once you filed the RCR, the copy of petition will be sent to respondent with the date this petition is taken for hearing by Hon'ble court.

2. Respondent and petitionnaire has to appear in front of the hon'ble judge on the date, if any one not appearing it wil be postponed to another date

3. As a first step, hon'ble judge will direct both petitioner and respondent to court counselling

4. Counselling might go for 3 to 4 times (approx 4 months)

5. Based on the counselling, judge will hear from both side and provide advice to both side

6. Based on the acceptance of both side, RCR will be granted (most cases, it will be granted)

7. But within a year time, respondent can file a petition to set aside the RCR coming out with new reason and he/she might need more time

The above procedure will take atleast 6-8 months, if both parties are present. If either of one absent, just add no of absent into no of adjournment. Your advocate can request court to provide the short date after 1 or 2 counselling is over. 

Regards

HK jain