Legal procedure to file a petition for RCR

My wife left the home two times. Last time she went without informing with two child after quarreling. I cant mingle with her parents. She leave me to my fate. Even no phone contact since 2months. If I called to their parents they won't lift. I am a govt employee . What decision is best.

Answers (3)

113 votes

This suggestion only. You have contact an advocate and discussed your facts and to file restitution of conjugal right petion or case against your wife to come and join and lead happy married life.Otherwise she will file other criminal cases against you.

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101 votes


File a petition of RCR before the family court of jurisdiction where your marriage was solemnized or where you both have last lived together. For filing of the RCR petition, you will be required to have wedding invitation, marriage photographs, address and id proof. After a few days of filing the petition, case no will be allotted to the case and your wife will be sent a notice of appearance from the family court directing her to attend the court. Thereafter, counselling session will be conducted. If your wife is willing to come back then, you can withdraw the case accordingly or if your wife is not ready to come back, proceed with the case and get the case in your favor.

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198 votes

Hi according to your query the answer is Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.One party must have withdrawn from the society of another.This withdrawal should be without any reasonable excuse.The aggrieved party files for a Restitution of conjugal right. so accordingly no need to worry you can file the RCR petition, for any other clarifications you can contact us at any time.

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