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Can RCR be filed after 1 year of separation
29-Apr-2023 (In Family Law)
Hindu Wife left matrimonial house 6 months back and then wife and in-laws started framing new family life adjustment (timing, food, privacy, etc) issues as rude allegations on hindu husband family members, husband has been trying for mutual settlement, wife disappears and no contact from past 6 months, and in-laws not responding for any settlement. Please guide in following questions: 1)Is it advisable for husband to file rcr now or after one year of physical separation? (For avoiding the dvc filling by wife once rcr is filed) 2)Benefits of filing pre litigation case before filing rcr
Restitution of Conjugal rights as per section 9 means that if either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.husband .
However the decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution.
Furthermore if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.
However the decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution.
Furthermore if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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