RCR takes over 5 years to be disposed of
2) even if you get a decree you cannot force wife to stay with you
3) if your divorce petition is pending you cannot file for RCR
RCR and divorce
My wife wants to live in her hometown long with 2 kids,she is telling to come once a week or fortnight once. But I have said categorically if we are not living together I want divorce and we have separated for 3 months. Once I applied for divorce on advice of lawyer in 2017 when she went to hometown for delivery and didn't come back .I wanted to save marriage and did home in neutral place . Now she vacated that place also Should I apply rcr ? How long will rcr petition take to dispose ? Even after one year after rcr in my favour how long will it take for divorce petition to be disposed ?
Asked 3 months ago in Family Law
Religion: Hindu
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7 Answers
Hello,
The RCR will not fetch you the desired relief.
Filing of RCR is not a solution to this problem
Even if you get a decree in your favor in the RCR petition, you cannot force her to live with you against her willingness.
Then you may have to file a divorce petition only.
Instead you can take a considered decision now itself.
In most marriages the ego is the big enemy which plays a pivotal role to separate the couples.
If you are really serious about saving the marriage then you can take a decision which would benefit you both in most understandable manner.
If you still do not want to continue the marriage for the reasons you rely upon then you can decide filing a divorce case.
RCR will not help anymore, wife cannot be compel to live with her husband. Apply for divorce on the ground of desertion.
- As per Supreme Court judgment, 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, 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, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- However, as you want to live with her , then you can file RCR petition before the family Court
- If she will not appear in the case then the Ex-parte Decree of RCR will be passed by the Court within a short period of time , and further this order will favored you .
Dear Client,
If your wife insists on living separately and you want to maintain the marriage, applying for Restitution of Conjugal Rights (RCR) might be a viable option. An RCR petition requests the court to direct your spouse to live with you and fulfill marital duties. The RCR process can take several months to over a year to dispose of, depending on the court's schedule and the complexity of the case.
If the RCR petition is in your favor and your wife still refuses to return, you can file for divorce after one year of the RCR decree. The divorce process itself can take an additional six months to a few years, depending on whether it's contested or mutual and the court's backlog. Therefore, if you choose to pursue RCR followed by divorce, the entire process could extend over several years.
Though on paper RCR means saving of marriage , in reality it is like any other litigation and complicate the things which are already complicated.
Through process of law the marriage are generally not saved.
Rather meet and visit her frequently at her place for some time to win her over once again.
Faith and love can move mountains.
