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RCR case filed by file along with DV case


18-Mar-2023 (In Divorce Law)
My wife filed a Restitution of Conjugal right (RCR) after leaving her house at her own will after abusing us. When I said I am not interested to continue the relationship anymore. During RCR counseling she filed a false DV case(section 12, 22(compensation)) against me and my family members accusing me of cruelty, and asked for 50 lakhs compensation. The restitution of conjugal rights (RCR) petition is in the evidence stage now. - Is the fact that wife is filed a DV case against me asking for huge compensation as the valid reason that can be provided as evidence to why I am living away from her ? - What are the chances of RCR getting rejected since she is also running a false DV case against me?
Answers (7)

Answer #1
499 votes

In a situation where a Restitution of Conjugal Rights RCR case is filed by the wife and she has also filed a false Domestic Violence (DV) case against you and your family members, the outcome of the RCR case will depend on various factors, including the evidence presented, the arguments made, and the decision of the court.�

The fact that your wife has filed a false DV case against you and is seeking significant compensation can be presented as evidence in the RCR proceedings. It may help establish the strained relationship between the parties and the difficulties you have faced, which could be relevant to the court's decision on the RCR petition.

While the existence of a DV case may be considered as evidence in the RCR proceedings, it does not guarantee automatic rejection of the RCR petition. The court will evaluate the merits of both cases independently and consider various factors, including the allegations, evidence, and overall circumstances of the case.

The outcome of the RCR petition will depend on the specific facts and evidence presented in your case, as well as the discretion of the court. The court will consider the best interests of both parties and may take into account the conduct, behaviour, and evidence provided by both parties when making a decision.


People also ask

What cases can be filed against wife?

Section 506 IPC, 1860 Penalty for criminal intimidation ufffd A husband may file a lawsuit against his wife if he believes that she has threatened to harm him, his family or his property. The only thing that can support his case is evidence.

What is restitution of conjugal rights filed by wife?

The restitution of conjugal right is a legal remedy available to spouses whose partners have withdrawn from marriage or are unwilling to continue the relationship. This remedy is provided under Section 9 in the Hindu Marriage Act of 1955.

Can a wife file RCR after filing 498A?

The filing of RCR in no way prevents her from filing the 498A. RCR

What happens if my wife wins RCR?

What happens if your partner wins the RCR? You may be able to divorce your partner after 12 months if they win the RCR. You can gain the most benefit from this. The divorce document will not be affected by a detrimental order.

  
Answer #2
821 votes
RCR is always filed for calling your husband or wife into your matrimonial life and if your wife has filed a DV case against you then the RCR case doesn’t have any legal importance. Her RCR case can easily be rejected on the ground that she has also filed a DV case. That means that she doesn’t want to live and wants compensation only.
Answer #3
730 votes
Mostly courts close RCR case if the Respondent is not interested and even if the case is won she can force herself on to you until u are willing and at best if u don’t join her for 1 year she can claim a divorce
By the way why have you not filed Divorce case on cruelty that is the best answer to RCR
DV u have fight and her statements are admissible in both cases
Lastly since she filed RCR all DVs charges till filling of RCR indirectly gets waived off if good cross examination is done

Answer #4
626 votes
hello client as you are saying you want to get rid of your wife as she has filled a false dv case on you . the dv case can be rejected by the court but for tht we neeed to be very smart playing in courts . as well as all rhe advocate treat it as very normal case but its wrong practice we need to defand our case very care fully then we can win our case.
Answer #5
530 votes
The fact that she filed a DV cases against you during the pendency of the RCR petition itself frustrates the very purpose for which she had filed the RCR case. You can make this an argument in the DV case. You can say that filing of DV case during the pendency of RCR case itself shows that she didn’t have any intentions to reunite and is just wanting to extract money.
As far as rejection of RCR on this ground is concerned, there are good chances but ultimately the court has to look at each and every case in a broad perspective.
Answer #6
711 votes
By filing a complaint under section 12 of the DV Act your spouse has frustrated the very purpose for which Section 9 Hindu Marriage Act RCR was filed by her. This clearly shows that she does not have any intentions for cohabitation. You can use this as a ground for dismissal of Section 9 RCR petition. However allegations in section 9 petition needs to be legally perused and evaluated. For further assistance and detailed consultation you may connect
Answer #7
204 votes
The Indian Marriage Act provides spouses with a legal remedy called Restitution of Conjugal Rights (RCR). This means that a spouse can ask the court to issue a decree requiring the other spouse cohabit.
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