Filed divorce case RCR pending in court can court upheld RCR petition


Hello, I am a 32 year old female.My case is simple. I had applied for divorce on basis of cruelty in Oct 2013. The other party has applied for RCR in response to the Divorce petition i have applied. Say, if RCR is agreed upon in court then. 1. Can court force me to go and stay with the Man as i have no inclination to do so in this lifetime. 2. When can i apply divorce again. 3. Can he come home with police demanding me to go with him? If so, What steps can i take to stop this. There is a Domestic Violence case appeal pending in High court as well.

Answers (2)


127 votes

Restitution of Conjugal rights ( RCR ) is a matrimonial remedy which is the last resort to establish amicable relations between couples. The court will allow RCR only when satisfied about the truth that you have withdrawn from the society of the other without reasonable excuse...In the above case as far as little I have gathered from your words you don't have to be apprehensive about having to forcibly live with the person if you have legally ethical reasons to prove beyond doubt..


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146 votes

Make Application to the court to club the both the cases [Divorce & RCR] to lead the common evidence by the parties.
You can apply for Divorce again.
The Police cannot intervene in the matter.
Domestic Violence case before High Court preferred by you or your Spouse, you are not divulged.

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