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Filing of Restitution of Conjugal rights (RCR)


04-Feb-2023 (In Divorce Law)
My husband working abroad came after 2 years came and met me we were happy but now he abandoned me he filed for divorce on the basis of mental cruelty and desertion. I filed for maintainence and recovery. I don't want divorce we have a child. My in-laws are abusive so am at maternal home. We finished with counseling but no use. Can I file for RCR if I file for RCR should I go and live in matrimonial home or should he come to my home. What if he is not willing to live with me if I file for RCR will the divorce be in his favour. Tried contacting him but no use all calls are blocked. It's been 8 months after he filed for divorce. Pls help.
Answers (2)

Answer #1
647 votes
Where has he filed the divorce petition.

No doubt you can file and RCR. But if he has grounds/reasons to make the court believe that the marriage isn’t working, then the exercise is futile.
I need to understand your side of the dispute to assess how you may stand in court.

Answer #2
638 votes
Dear Madam,
Even without filing RCR you can directly enter into your Matrimonial house and stay there. If any problem arise you may call the Police. Rarely, the husband's get divorce and try to recover maintenance and stay free of cost in your matrimonial house.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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