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Husband postponing matter, should RCR be filed and how long it takes?
17-Jun-2023 (In Divorce Law)
Hello Sir /Mam. My husband has filed a divorce last year tellin that I'm mental.Im workin in a reputed firm n I'm not mental.He wants to just get rid of me .But I want to stay with him n get back to him.the case is still in court n he is not able to provide evidence for his case n he is just postponing.My lawyer suggest me to go for RCR n file that case on him.Can I go for it.I just want him to come back.What is the process for RCR n how long will this case go on if I put RCR.pls suggest
Madam, first thing is RCR is a suit asking the court to direct the other side ( husband) to accept you again for matrimonial home to resume co habitation, ( which means you are now living apart ). No harm in filing it, but even if Court orders in your favour, he may refuse to obey it.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Can court force me to stay with my husband?
You cannot force someone else to stay with you against their will. The court can still try to reconcile the two parties by giving them one year to make a decision. If they wish, they may also choose to follow their conjugal rights in order to mend the relationship.
Can court force married couple to live together?
Now section 9 of hindu marriage law and section 22 special marriage act allows. This is how a similar case can be filed. If a spouse refuses to live together, they can go to the family court and demand that the other person live with them. 07-Sept-2022
Can court compel wife to stay with husband?
Women are not a chattel
The woman is not a servant and she cannot be forced to remain with her husband. She cannot be treated like a piece property.
Can a husband force his wife to stay with him?
There is no law that forces a woman to remain with her husband. The law on restitution of the conjugal rights is that the spouse who has left the conjugal relationship must resume it. If the spouse refuses to resume the conjugal relationship, for more than a year, then the other spouse can divorce the same spouse.
RCR is Restitution of conjugal rights where you will be filing application before court to get back to your matrimonial life with your husband and it depends upon the consent of your husband to get it allowed before court of law. Well, what made your husband to call you insane any man who respects his women will never call like this and never drag the matter to court, so it means he is serious want to get rid of you and reasons is best known to you. If some one doesn't want to live with u means one cannot force for the same you both are matured educated couple and its better move on instead of lingering around somebody who don't have any feeling for you. It is secondary that he may fail to prove you as psychologically imbalanced person the truth is he is not interested to continue any kind of relationship with you that's why he has knocked the door of justice. RCR will become successful only he is willing to take back you.Anyways all the best.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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Hello mam divorce case filled by your husband is in which stage? when you got separated after marriage? Do you have children's? Offcourse you can file restitution of conjugal rights it is easy to get an order. File RCR and club both the cases.
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Adv. Tulsi Karthik
Bangalore | 25+ Answers
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You can file the Petition for restitution of conjugal rights and then get it clubbed along with the divorce case if possible. Since the case has not concluded, you can ask the Court to refer it to the Mediation Center for an out-of-court settlement.
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