LawRato

Husband Filed a fake Restitution of conjugal rights


15-Mar-2023 (In Divorce Law)
Husband has filed for fake Restitution of conjugal rights. Where he himself has dropped wife home. He dint return back to take his wife along with him, after a month or so he has sent a legal notice from the court for RCR. After receiving the legal notice, family members had a meeting scheduled and husband wish to end this marriage, But still the 1st court hearing is pending. In between there was dispute in the marriage due to in-laws harassment. She tolerated the harassments of her in-laws just for her husband, Wife wish to continue the marriage by staying separately with husband. Is husband not misusing the law, if denies to take back his wife on the court hearing? why is the RCR sent when he refused to take his wife back in front of the family after sending the notice?
Answers (6)

Answer #1
983 votes
restitution of conjugal rights is procedure to get other spouse back... if you wish to stay with your husband better appoint advocate and make submission before court... court will try to unite both parties.... feel free to consult if you need further guidance....
Helpful? LawRato LawRato
Answer #2
776 votes
when he has filed a suit for RCR then you can file your objections and also state before the court that you are always ready to continue and lead married life with him, if he wanted divorce he should have filed for divorce, RCR is filed when the person who files want to other spouse to join and lead married life. so attend the court engage a lawyer and file your objections and also state that you are ready to join him stating the reasons why you are residing seperately.
Helpful? LawRato LawRato
Answer #3
700 votes
Have you contested the RCR? If you wish to reconcile, you must appear in the RCR and file necessary documents to state you are ready to provided you get to stay separately. This will serve your purpose of wanting to stay with your husband. In case you choose to separate, contest the matter and demonstrate all the mischievous conduct to the court so as to succeed on getting the RCR dismissed.
Helpful? LawRato LawRato
Answer #4
865 votes
You can just attend the court and ask your lawyer to inform the judge that you are ready to join your husband and that you don't want to contest the case. Request the judge to refer the case to mediation where you can talk to your husband face to face in front of a Mediator (court appointed mediator who is a neutral party and will help you sort out your differences).
Helpful? LawRato LawRato
Answer #5
837 votes
Dear Madam, You have to protest by filing such fake RCR filed by your husband. Such RCR's will be filed to avoid payment of interim Maintenance. You may file counter cases and teach him a lesson. He will understand that law is in your favour.
Helpful? LawRato LawRato
Answer #6
587 votes
hi. first you will have to attend the court case then the case will be referred to mediation then you both can decide about your decision. for more details we can discuss on call or meet. kindly contact me for any legal assistance. thanks
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."