sunny (Business Developement Executive) 10 June 2010

Which one is considered in RCR

Dear Legal Advisor's

i got married on may 2009,In the month of Dec 2009 my wife filed a False IPC 498a 3,4 DP Act case on me & my Parents she was having a Vaginal Problem which and don't want to return to matrimonial home.I filed Restitution of Conjugal Rights in the Month of March 2010.As per Hindu marriage Act if the Judgment is in my favour then what is the time i have to wait to remarry is it 2 year's from filing RCR ( March 2010 ) or ( May 2009 ) Married year 2009 to 2 year's.Kindly can you tell me which one will get counte as 2 years is the date of Marriage or Date of filing RCR.

Regards,

Sunny

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3 Replies

Suchitra. S (Advocate) 10 June 2010

Sir, Restitution of Conjugal Rights means asking the spouse to came and stay with the person applied for. It does not give you a chance to get remarried. In case if you want to marry for the second time, you will have to wait for filing a divorce after one year of RCR orders, in case your wife does not come and stay with you.

If you have decided to leave your wife, you have to apply for divorce and not RCR.