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Wife refusing to come back home can I file RCR case


27-Jul-2023 (In Divorce Law)
she is saying we used bad words and asked for divorce and informed informed their relatives bad about her . but really we just informed their relatives what she has done but we did not inform anything about divorce and she said she will not come to my home again . what to do if she is lying and what will happen if i file a petition for divorce or conjugal rights what are the side effects if first file divorce case?
Answers (2)

Answer #1
943 votes
Hi
First you should try mediation with support of family elders. if that does not work out, then you can file a petition for restoration of Conjugal rights in the court.
normally if the husband files for a RCR first, then to a certain extent the husband is protected in case the wife files a case under Domestic violence or Dowry prohibition.
Answer #2
889 votes
HI,
if you file divorce petition first you will be in a better position to avoid all legal obligations.
your wife will definitely file DVC, maintenance and 498-a of CRPC against you. in all these cases
you can take the advantage that for counterblast your case she filled all these cases and generally court
will consider this version.
your wife can also file for the restitution of conjugal rights if she files she must be in a position to live with you.

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