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can i file RCR to get my wife back?


06-Dec-2023 (In Divorce Law)

Hi, I got married almost 11 months back.. After 45 days of our marriage my wife decided not to stay with me without any valid / genuine reason. and moved out from my home..Now she is busy chasing her professional dream..Her family has been trying to convince her to return back but to no avail they have been successful....She has given the verdict that she don't want to stay with me in near future...How can I excercise my right in Legal terms in getting her back in life and continue my marriage life? Her family is just trying to assure me that they are trying but I really doubt

Answers (4)

Answer #1
662 votes
Yes, you can certainly file a Petition for Restitution for Conjugal Rights to direct your wife to resume cohabitation with you. However, please note - this is just a legal proceedings, and no court in India can actually physically compel your wife to stay with you against her will. This petition will simply strengthen your claim at a later stage if you wish to file for divorce, and will show your bonafides. Thanks.
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Answer #2
932 votes
Hi , You can file the petition under section 9 of Hindu marriage act for restitution of conjugal rights. ....
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Advocate Vikas Nain

Adv. Vikas Nain

LawRato Delhi | 25+ Answers
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Answer #3
932 votes
Hi, Yes you can file Petition for RCR, in the court where you and your resided after marriage. Also along-with your matter in the concerned court, the matter should be taken for mediation. RCR petition along-with mediation will help you more in convincing your wife to move back to her matrimonial home. Also you have to make sure that she has no valid reason to be away from you. Thanks.
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Advocate Aditya Sharma

Adv. Aditya Sharma

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Answer #4
804 votes
Dear Sir In all honesty, you may file RCR, however, this petition hasn't proved to be a valuable one. She may always contest the said petition by stating before the Court certain frivolous grounds that you illiterate her both physically, mentally, or you are an adulterer etc. etc. There can be various legal recourses for her to avoid restitution. Without wanting to worry you, i am obliged to inform you, that she may also file for divorce/ 498a/ maintenance etc. Whether those will prove successful is a different story altogether. My point being RCR has rarely proven to useful, however, you are not barred in any way from filing one. You may further seek advice of a lawyer. Regards
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Advocate Mudita Sharda

Adv. Mudita Sharda

LawRatoDelhi | 5+ Answers
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