Is Restitution of conjugal rights given preference over a divorce case


My husband has filed divorce petition on grounds of cruelty. For that i have filed Restitution of Conjugal rights. As he have mentioned about sms and even mentioned i have not reconciled to join him which is untrue. In that case will divorce petition be put on hold RCR conselling will be given? What will happen in first hearing? will they ask sms proof the first day itself.

Answers (1)


91 votes

The court will not ask about the SMS on the first day itself. It will ask your husband to only file the written statement at this stage. However, filing of RCR in itself is a proof of the fact that you don't want to separate from your husband.
The divorce proceedings and the RCR would go on simultaneously and each would be decided on its own merits


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Family Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
35 years Experience
Advocate Barkha Bhalla
Banjara Hills, Hyderabad
17 years Experience

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 Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."