LawRato

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
365 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.

Answer #2
750 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
858 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
831 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
825 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
816 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
421 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.
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."