• What is the impact on wife if husband wins RCR

I got married with one of relative in july 2015. But very next day girl return to her parents as her parents were threatng of suicide. Now she doesnt want to come back. My qtns is if i file rcr case and
if i win rcr case, and then too she refuse to return my home, wht will happen :
1 does she has right to file divorce and marry another man 
2 does she has right to demand maintainance?
my mother and her granny are sisters. So her family believe tht i m her uncle and so they opposing to marriage. But we did court marriage without informing them. Girl was on my side till the time she return to her home. But since then she also dont want to come back. Do court will consider anything about our family relation and give decision agaisnst me. Meri wife mere sage mausi ke ladke ki beti hai. Does law doent allow marriage in relatives. I cant stand against society coz this is very sensitive. I stiill not file rcr coz i dont konw what will court thing about such marriage. Pls help me i love her lot  and i want she back
Asked 1 year ago in Family Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) if your wife does not rejoin you in compliance of decree of RC R you can file for divorce after period of 1 year 

2) your marriage to your second cousin falls within prohibited degree of relationship and is illegal 

3) your wife can move court for declaration that marriage is a nullify 

4) filing for RCR won't serve the purpose as you cannot force your wife to stay with you 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi, You can file petition for restitution of conjugal right but even though you may succeed but it can't be executed before the court and it is one of the ground for divorce.

2. as per law it is the duty of the husband to maintain his wife and children and if you fail and neglect to maintain they she can claim a maintenance from you.

3. As per law both of you can't file a petition for divorce with in one year of marriage and both of you can marry again only after get divorce from the court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)  she is your first cousin daughter ie you are her uncle  . 

2) it would fall within prohibited degree of relationship 

3) if girl does not want to stay with you let her move court for declaration that marriage is a nullify 

4) don't file for RCR as even if you win the case she can refuse to stay with you 

5) wife who refuses to stay with her husband without sufficient cause Is not entitled to maintenance 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. The relationship falls under prohibited degree of relationship and hence the marriage is null and void.
2. File a petition under order7 rule 11 of cpc for rejection of plaintiffs on the ground that the marriage is not valid one.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. It is useless to file RCR since even if you win the case, she has the liberty not to join you even against court direction. the only benefit in winning RCR is that if she refuses to join you against Court direction, you can file divorce suit will be be granted in your favour. However, she has the liberty to file a divorce case against you on valid ground and marry some one else,

2. Of course she has the right to demand maintenance on acceptable grounds. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. This falls under sapinda relationship. hence the said marriage is void t law,

2. She can file an application for annulment of the marriage and in that case, she is not entitled to claim maintenance. however, if she files divorce case, she can claim maintenance. Filing of RCr is of no use as has been explained in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
My qtns is if i file rcr case and
if i win rcr case, and then too she refuse to return my home, wht will happen :
Nothing  will happen, the court cannot force to cohabit with you against her wishes.  You will become eligible to file divorce  case against her after years of RCR decree in your favor and  she is not returning to the matrimonial home even after the decree went against her.


1 does she has right to file divorce and marry another man 
It is her right and decision, no one has any right to interfere in her decision, however what will be the ground for divorce? 


2 does she has right to demand maintainance?

Yes, she can file a petition seeking maintenance in the capacity of wife.


Basically your case appears to be a voidable marriage because the relationship comes  under  prohibitory relationship. It is almost your  brother's daughter.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1. If you win RCR, and she does not join you even thereafter, you will be entitled to file for divorce after a year. This is the only benefit which will accrue to you.

2. An adverse order against her will not curtail or abrogate her right to file for divorce. She will be free to remarry after divorce is granted by the court.

3. She is also free to file for maintenance.

4. Since both of you are in a prohibited relationship your marriage is illegal, but you have to seek a declaration of annulment from the court if you do not wish to continue your marital union.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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