Whether to file RCR or section 9 of HMA if wife has abandoned

760 votes

Hello
RCR under section 9 HMA is for restitution of conjugal rights.
If you will succeed in your case then court can direct your wife to join you.
But it will take at least one year for the disposal of the case. You have to show the grounds in your case to succeed.
Thanks

Advocate Anuj Garg LawRato

936 votes

It is good to file a restitution case, if your wife left you without any reason but if she has already filed some cases against you like 498a or dv act or if you don't want to live with her, then you should go for filing a divorce case on the grounds of cruelty and desertion. I suggest you to file divorce as no court in india can enforce a wife to live with you.

Advocate Bhawesh Chaudhary LawRato

853 votes

Yes!! you should file RCR under section 9 because she is your legally wedded wife and law gives you right of cohabitation and live life like others..marriage is relation which cant be dissolved like a contract!!

Advocate Pushpender LawRato

546 votes

Yes, you have the option to file a Petition for RCR or a Petition U/s 9 of HMA in case your wife has deserted you without any justifiable cause. However, this option should only be resorted to in case you really want her to come back to you. My suggestion to you would be that in case the sole motive to file such a petition is to assert pressure tactics on her, then better avoid this option since more often than not, the Husband gains less & loses more after filing such a petition.

Advocate Snehdip Oberoy LawRato