Family Law Videos - Indian Kaanoon - How to file for Restitution of Conjugal Rights (RCR) (In Malayalam)


If either of the spouses, without reasonable excuse, withdraws from the society of the other, the aggrieved party may seek the help of the court for restitution of conjugal rights (restoration of marriage).
 
The disturbed party can file a petition with the concerned family court where the couple resided after their matrimony. The judge after hearing both the spouses and on being satisfied by the statements made in the petition decides and allows a decree of restitution.
 
Essentials to be fulfilled
1.     Either of the spouses must have withdrawn from the society of the other.
2.     The withdrawal should be without a reasonable excuse.
3.     The disturbed party should file for the restitution of conjugal rights.
 
The following steps need to be followed for Restitution of Conjugal Rights (RCR):
1.     The disturbed party should file an RCR petition in the civil court.
2.     Copy of the petition is to be sent to the other spouse with a hearing date from the court.
3.     Both the husband and wife need to be present on the hearing date in the court.
4.     If neither of the spouses is available then another date is given.
5.     After this, the court sends the couple for counseling.
6.     The counseling is mainly done by family courts and usually has 3-4 sessions. This might take 3-4 months.
7.     Based on the counseling with the statements recorded and keeping in view the conduct of the spouses the judge finally allows the decree.