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Filing of RCR by husband after wife files divorce


03-Aug-2025 (In Divorce Law)
Wife filed divorce petition and is in the trial stage. She has also filed false 498a, dvc against husband and his family. Husband doesn't want to give divorce now as the above false cases are still pending. Can husband file restitution of conjugal rights now at this point of time. Whether court accepts his petition. Will it be a better move to drag on the divorce case or any other alternative. Plz suggest
Answers (3)

Answer #1
985 votes
Hello sir, Kindly give further details : 1. When was divorce filed by the wife ? 2. When the wife filed 498A, DV act etc? 3. Are there any other reasons for filing of RCR? 4. Have you filed written statement in the divorce case?
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Advocate Saroj H. M.

Adv. Saroj H. M.

LawRato Bangalore / Bengaluru | 100+ Answers
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Answer #2
767 votes
it is not advisable to file restitution case at this time because not appear logical that any husband wants to live with a wife who has made allegations of cruelty against him. it is better to defend the cases filed by wife. At this stage suit for divorce by husband appears more logical.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
610 votes
Dear Sir, Yes, you can file Restitution of Conjugal Rights Petition under Section 9 of Hindu Marriage Act so that you can drag on the pending Divorce case filed by your wife. Even in case Criminal case you should avoid surrendering for trial. The earlier disposal of criminal case there are more chances of conviction.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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