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Restitution Of Conjugal Rights Process And fees
14-Jan-2026 (In Divorce Law)
My wife has filed a 498A case against me and have not taken her home when she came from her mother's home as she has mentally harassed us lot during her stay at home before just because we asked he to forget about her past relationship and start new with me. So my lawyer suggested to file a restitution case as it will be beneficial for maintenance and divorce proceedings further. So wanted to know the process and fees in doing so.
The process of filing restitution can be discussed
In a meeting
It will be helpful for the maintenance but then if she doesn’t come it will be a ground for divorce only
One can go for filing restitution but need to know what all allegations are made in 498a by wife first
The process is filing a petition like divorce petition but without any allegations on wife
Need to have clarity why restitution
Helpful?
Adv. Susmita Jagtap
Adv. Susmita Jagtap
Pune | 50+ Answers
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Since your wife has filed a case under Section 498A IPC, your lawyer’s advice to file a petition for Restitution of Conjugal Rights (RCR) under Section 9 of the Hindu Marriage Act, 1955 is legally sound. It shows your willingness to resume marital life and can help in contesting maintenance and strengthening your stand in future divorce proceedings.
Process:
An RCR petition is filed before the Family Court having jurisdiction over the place of marriage or where the wife last resided with you. The petition states that your wife has withdrawn from your society without reasonable cause and you are ready to keep her with dignity and safety. After filing, court issues notice to the wife, followed by counseling/mediation and then hearings.
Fees:
Court fee is nominal (usually ₹100–₹500, varies by state). Advocate fees typically range from ₹5,000 to ₹25,000, depending on city, experience of lawyer, and number of hearings.
Please note, RCR does not cancel the 498A case, but it supports your intent to reconcile and may be considered in maintenance and divorce matters. You should proceed as early as possible and maintain proof of your willingness to cohabit.
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Adv. Kiran Ashok Gangurde
Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Filing of Petition
Filed by the aggrieved spouse (husband or wife)
Filed in Family Court / District Court
Jurisdiction:
Place of marriage, or
Place where couple last lived together, or
Place where respondent currently resides
2️⃣ Court Notice to Respondent
Court issues notice to the other spouse
Respondent must file written reply
3️⃣ Mediation / Counseling
Family Court mandatorily tries reconciliation
If settlement succeeds → case closed
If not → trial proceeds
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Adv. Prashant Gupta
Adv. Prashant Gupta
Mumbai | 50+ Answers
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No, the Police/IO cannot exclude any accused when registering an FIR under Section 156(3) CrPC. They must strictly follow the Magistrate's order. Discretion only arises during the investigation phase to determine if evidence exists against each person named.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Pune | 700+ Answers
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Given that a 498A case is already filed, an RCR should be filed only if there is a genuine intention to resume cohabitation. Courts often see RCR filed during criminal proceedings as defensive. If reconciliation is not possible, it is better to focus on anticipatory bail, quashing or defence of 498A, and prepare for contested divorce, rather than filing RCR merely for strategy.
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Adv. Mrunmayi Kotawadekar
Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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