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498A,504,506,34 filed by wife can I file restitution of conjugal right


24-Dec-2025 (In Divorce Law)
Due to wife constantly harassing me and family at home mentally by her we after suggestion with lawyer informed her when she came back from her home to not get in and we will decide through court and after sometime lawyer sent mutual divorce petition to her and after that she filed 498A. Can I now sent her notice for restitution of conjugal right
Answers (4)

Answer #1
664 votes
You may issue a notice or file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, even if a complaint under Section 498A IPC has been filed. However, the court will closely examine your conduct and intention. Since you had earlier denied her entry into the matrimonial home and initiated steps for divorce, filing for restitution later may be viewed as contradictory unless you can demonstrate a genuine willingness to resume cohabitation. Additionally, allegations of mental cruelty and the pendency of criminal proceedings will be relevant factors. It is advisable to carefully assess whether the relief of restitution would be sustainable on facts, or whether defending the criminal case and pursuing appropriate matrimonial remedies would be more appropriate.
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Advocate Saylee Chaudhari

Adv. Saylee Chaudhari

LawRato Dombivli | 50+ Answers
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Answer #2
624 votes
.Yes, in law, you are entitled to issue a notice and file a petition for Restitution of Conjugal Rights (RCR) under Section 9 of the Hindu Marriage Act, even though the wife has filed a case under Sections 498A, 504, 506 IPC. However, certain legal aspects must be clearly understood: Since you had earlier restricted her entry and expressed intention to resolve the dispute through court, the wife may allege desertion or cruelty in response to an RCR petition. Filing RCR after 498A is not barred, but courts closely examine whether the petition is bona fide or filed only as a defensive or counter-blast. If you can show that: You are willing to cohabit peacefully There is no intention to harass You approached RCR to save the marriage, then the petition is legally maintainable. Practically, once criminal proceedings and divorce talks have begun, courts often encourage mediation rather than enforcing cohabitation. Therefore, RCR can be filed, but its strategic impact must be assessed carefully, as it may affect both the 498A case and future divorce proceedings.
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Advocate Kiran Ashok Gangurde

Adv. Kiran Ashok Gangurde

LawRatoNavi Mumbai | 100+ Answers
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Answer #3
737 votes
Yes, you may file a petition for restitution of conjugal rights. However, after filing of 498A and prior separation, courts closely examine intent. If cruelty and breakdown are evident, RCR may not succeed and can be seen as a defensive tactic.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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Answer #4
806 votes
Restitution of conjugal rights is always available to you even if the FIR is registered against you by wife. The proceedings can be dropped if you and your wife settle the matter in family court then criminal court can give chance to end the 498A proceedings
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Advocate Harshad Garud

Adv. Harshad Garud

LawRatoPune | 400+ Answers
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