Id you want her back RCR is the way but if you don’t want then you can want divorce then you should file one or contest the divorce filed by her. If she is ready for mutual Consent divorce then it will be easy for you
Should I go for RCR or Divorce?
I have been married for 3.5 years. Since the beginning of marriage, my wife has been acting solely on the advice of her parents. And on several occassions, I have caught her lying to me on minor issues. We argue, she goes to her home for a week and then we bring her back. On the initiative of myself and my parents, we have gone for counselling twice and even called her parents for reconciliation. However they are very uncooperative. They refuse to involve any of their relatives in reconciliatory talks. I am fed up of this constant fighting and bickering and I have made the declaration that I want a divorce in the last counselling session to her and her parents. Her father, of course, was not supportive of this. Right now, she is in her home. While I consulted an advocate for divorce, he said that since I have a good job, there is a looming threat of 498A and DV against me. He suggested to go for an RCR and put the blame on her parents and say that I want her back. If the decree is in my favour, I could take her home, create a small issue after a month or two, and then send her back to her home, and file a divorce petition. He advised this as a means to protect myself. Is this suggestion valid or should I do something else?
Asked 2 years ago in Family Law
Religion: Hindu
11 Answers
1) file for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty
3) RCR is useless . it takes years to be disposed of and even if you get decree you cannot force wife to stay with you
After consulting the lawyer, he said that the reasons I mentioned are not valid grounds for divorce because they are very minor. Hence, he suggested the RCR idea. Also, she and her family are just keeping quiet. No action or communication from their part. I don't think they will be willing for mutual divorce. But, I am fed up of this marriage and want a divorce.
Asked 2 years ago
file for divorce . no need to file for RCR
RCR is only filed when wife leaves husband and you want her back
Go with the RCR route! Sometimes you've to indirectly approach the things, and your case is one such occasion.
Follow the advice of your local lawyer, because proving before the court that the grounds of divorce exist in your case may not be very issue since the issues between you and your wife are trivial in nature.
- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further, if wife is living separately without any sufficient reasons , then it is a ground for divorce
- Hence, if you don't want to live with her , then you can file a divorce petition before the family court.
- However, it is correct that once you will file a divorce petition , then she may file multiple cases against you , and hence you can opt for RCR to give her a chance .
It is not advisable to file a RCR if you have decided to divorce her forever.
The local lawyer's advice is a very lengthy procedure, it will take lot of time for the RCR to be disposed and after that also it is not guaranteed that you will get a decree in yor favor, if your RCR petition is dismissed then all your efforts as well as the time and energy consumed will become utter waste besides the financial loss due to litigation expenses.
Whether she files 498a or DV case, you can challenge the false cases on merits at that time, but at this time if you are really inclined to live with her then file RCR or else you can go for divorce itself straight away.
If your grounds for divorce is not sufficient to establish cruelty, then you can wait for a period of two years to establish desertion and in the meantime you can issue a legal notice notifying the date of her abandonment of her matrimonial home and instruct her to return and then keep quite, if she is not returning then you don't take any action and wait for the two years period to cross over.
RCR will not fetch you any desired result.
Dear Client
Restitution of Conjugal Rights (RCR): RCR is a legal remedy available under Hindu Marriage Act, 1955. It's a legal provision that allows either spouse to request the other to return and cohabit. If the court grants an RCR decree and the other spouse refuses to comply, it can be used as evidence in a future divorce case. However, it's important to understand that an RCR decree doesn't force reconciliation, and it may not necessarily lead to a divorce.
Grounds for Divorce: In Hindu law, there are several grounds for divorce, including cruelty, desertion, adultery, and mutual consent. You mentioned that the reasons you've cited are minor, but it's possible to file for divorce on grounds of cruelty if the behavior of your spouse is causing you mental or physical suffering. You should consult with a different lawyer for a second opinion on the grounds for divorce based on your specific circumstances.
498A and Domestic Violence (DV): While your lawyer mentioned the threat of 498A (cruelty by husband or relatives) and DV cases, these should not deter you from seeking a legitimate divorce if your marriage is irretrievably broken. False allegations can be challenged in court, and it's crucial to gather evidence to support your case.
Mediation: Consider exploring mediation as an option before proceeding with divorce. Mediation can sometimes help couples reach an amicable settlement and avoid prolonged legal battles.
Documentation and Evidence: It's essential to document instances of cruelty, if any, and gather evidence to support your case. This can include text messages, emails, or witnesses who can testify to the issues in your marriage.
Consult Another Attorney: Given the complexities of your situation, it may be advisable to consult a different attorney for a second opinion. Different lawyers may have different perspectives on your case and may suggest alternative legal strategies.
Maintenance and Property: If you proceed with divorce, ensure you are aware of your rights and responsibilities regarding alimony (maintenance) and the division of property and assets.
RCR (restitution of conjugal rights) and divorce are two legal options available to spouses who are facing marital issues. RCR is a legal remedy that seeks to reunite spouses and provide them with an opportunity to work on their differences and rebuild their relationship, while divorce terminates the marriage. An RCR petition is typically filed when one spouse seeks the court’s intervention to enforce the other spouse’s return to the marital home and the resumption of marital relations. If the execution petition is unsuccessful or if the court determines that the conjugal rights cannot be restored, it may be possible to proceed with a divorce petition.
If you are facing false cases of domestic violence (DV), maintenance, CrPC 125, or 498A from your wife, you should take some preventive measures to protect yourself and your family from legal harassment and extortion. Some of these measures are:
- Fight the interim maintenance case whether under CrPC 125 or DV Act, as if your life depends on it. This is the most important case that can affect your finances and future prospects.
- Do not file RCR as it may weaken your case for divorce on the grounds of cruelty or irretrievable breakdown of marriage. It may also prolong your litigation and expose you to more false allegations.
- File for divorce on the grounds of cruelty or irretrievable breakdown of marriage as soon as possible. This will show your intention to end the marriage and avoid further disputes.
- Collect all evidence and documents that can prove your innocence and refute your wife’s claims. This may include phone records, bank statements, medical reports, photographs, videos, etc.
- Get an anticipatory bail if you think your wife may file an FIR under Section 498A or other criminal charges against you or your family members. This will prevent your arrest and harassment by the police.
I hope this information helps you to understand some aspects of RCR and divorce and how they may affect your situation.
RCR is wastage of time and money as neither law not court can force your wife to live with you against her wishes abd desire. So even if you take decree even then you cannot enforce decree so it is better to file divorce case and if wife would agree then also she can join you. Filing of RCR does not restrict nor prohibit your wife from filing DV case and 498A case. However, by adopting few measures its effect can be minimise. Make effort and talk to wife for a mutual divorce.
