Legal procedure to file a petition for RCR

619 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has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.One party must have withdrawn from the society of another.This withdrawal should be without any reasonable excuse.The aggrieved party files for a Restitution of conjugal right.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.

Advocate Bala Murali LawRato

642 votes

You should file petition under section-9 only if you really want to live with your wife. If you have decided to divorce her then you should directly file petition of divorce under section-13 on the ground of cruelty and desertion. No need to worry about the cases filed by her. As she is living apart from you without any cause, it will be a good defence for you in section-125 CrPC case.

Advocate Pradeep Naik LawRato

707 votes

Gentleman, you are the victim of the laws favouring women. You say that, you have received notice under 125 CrPC for maintenance than and It's advisable to contact a lawyer to defend the allegation. You have done a blunder not to contact for any legal advice earler, anticipating any action against you. Now the sec 9 and 13 has no use brother, your other details is also needed.

Advocate Om Shanker Shrivastava LawRato

909 votes

If you want to get her back, go for Sec. 9 proceedings. If you want to get rid of her, go for Sec. 13 proceedings. It's up to you.

But in both cases, you will have to fight the cases of Sec. 125 CrPC and of DV.

If you think that you have done all that you could do to bring her back in your life, and if now you feel that she is not going to return despite all the efforts, then you should seek remedy under Sec. 13 proceedings.

Because even if you succeed in the proceedings of Sec. 9, the Court cannot order anyone to make her live with you by physical force. Means, even you will not be able to keep her with you forcefully.

Advocate Sandeep Naik LawRato

976 votes

Dear,

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.

Advocate B. Srikiran LawRato

514 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.

Advocate Mohammed Ghouse LawRato

683 votes

It reported and said that your wife is living separately from you and lived only five months in three years in your house. it also reported from your side that your wife has filed case under section 125 for maintenance apart from this you are unable to take decision to case file either section 9 or section 13 thus i would like to consult you to file case under section 9 will be beneficial because your wife filed case under section 125 she can also file case of domestic violence and 498 a dowry harassment further against you and your family section 9 will prevent you in this case after all for section 13 it advised that you have to collect evidences against your wife that proves the harassment done by your wife against family because if you wouldn't have evidences against you wife it will create problem for you court will listen first to women if you have evidences you can file case under section 13 apart from this if both side effectively exerted settlement them execrate it will be beneficial and favorable.

Advocate Vinod Dangi LawRato