• RCR filed by wife

Respected Counsel, Greetings!

I'm shortly going to face a RCR trail, in a family court. 

What to expect in a trail procedure?

We(Wife and me) have together attended multiple counselling/mediation session as advised by the Judge. 
After multiple vaaidda (Deferred dates) judge has asked petitioner and respondent(me) to come prepared for trail. 

Your suggestion will be highly appreciated, with deep regards.

Thank you in advance.
Asked 7 years ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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10 Answers

1. Who filed the RCR petition?

2. What do you want from the relationship? Do you want to continue the relationship or want to terminate it?

3. Your submission before the Court will be in accordance with the answers to the above questions.

4. Get prepared for the said deposition with the help of your Advocate.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

It is nit clear whether you want divorce or RCR.

If you want RCR then you may consed to her demand and make an out of court settlement.

If not then contest the suit on merit.

In the pleading you can rely upon mediations/counseling outcomes.

Since it is her case she will give her evidence first.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

1) Based on the counselling and the statements made by the parties during counselling and keeping in view the conduct of the parties the judge will examine both the parties and explore the rationale for grant / Not grating a decree of restitution

2) During the trial, both the parties can present their side of evidences / arguments and the same will be accepted/rejected by the judge.

3) In a RCR petition, the judge cannot engage in fault finding mission and hence he might not view the evidences/ arguments very seriously as in criminal law, but definitely he will look in to evidences/arguments in an unbiased manner with an intention to bring in reconciliation between parties.

4) The Judge will then proceed to decide whether there are reconcilable differences or irreconcilable differences.

5) Generally a restitution of conjugal rights decree is granted if the differences between the couple are generally reconcilable.

6) However a restitution of conjugal rights decree is NOT passed in the following cases .

a) If there exists a ground on which, the respondent can claim any matrimonial relief.

b) if it is established that the petitioner has another wife OR is guilty of cruelty OR is adulterous the RCR petition will fail.

c) If the petitioner is guilty of any matrimonial misconduct, not amounting to ground for a matrimonial relief, yet sufficiently weighty and grave.

d) If the petitioner is guilty of such act, omission or conduct which makes it impossible for the respondent to live with him.

7) The court can pass a decree for restitution of conjugal rights and order the erring spouse to cohabit with the aggrieved spouse.

8) But it is to be noted that the court cannot compel the defaulting spouse to physically return to the comfort-consortium of the decree-holder spouse.

9) Under S. 13(1A)(ii), either of the parties can apply for dissolution of marriage by a decree of

divorce if it is able to show that there has been no restitution of conjugal rights as between the parties to the

marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in

proceedings

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1) if you dont want to continue in relationship you should have filed for divorce

2) both cases would have been clubbed together

3) if wife has filed RCR she will file affidavit of evidence

4) you can cross examine her

5) you can also lead evidence

6) court would pronounce judgment after hearing arguments from both parties

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

file for divorce if you want dissolution of marriage

2) RCR cases take 5 years to be dipsoed of

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. If you want to get out of the relationship then file a petition for dissolution of marriage on the ground(s) applicable to your case.

2. In RCR trial your wife will lead evidence to prove that she left the matrimonial home due to the cruelty committed by you and that you are not cohabiting with her.

3. Follow the advise of your lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Then you will have to file counter suit for divorce.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

You should decide whether you are going to challenge her cae or willing to live together with her in the matrimonial relationship.

The trial means, she will have to adduce her side evidence, your side has to cross examine her and other her other witnesses, after that you will be given opportunity to depose your side evidence, for which you may rely on the grounds which you chose to defend the case. What is your advocate's opinion and suggestion to this situation.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Wife has filed the RCR. I want to get out of this relationship. What can i expect in the trail and how will be the proceeding go on in the court?

You can challenge her case and at the same time you can file a divorce case on the grounds you rely upon.

You can bring both the cases for trial at the same time simultaneously.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. You should now file a divorce suit against her on the ground of crulty.

2. Contest the RCR case filed by your wife fittingly.

3. Meantime, negotiate with her for jointly filing a Mutual Consent Divorce petition on mutually acceptable terms which will be disposed of within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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