FAQ’s- RCR

  • What is RCR?

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a                                   petitioner; summon by a compitant court ;  and order by a court to                             the spouse who left her matrimonial duties without sufficient                                         reason.

  • Suppose one who filed RCR and after getting the summon from court,  his wife filed 498a against him. So can it void the chance of arresting him or his family members mentioned in wife’s complain?

    no; both are seperate;

    If not , then what is the application of RCR and condition, based on it RCR can be filed?

    RCR, is a great law; the purpose is to compale the respondent to resume his/her matrimonial duties. If he/she does not; then decree of divorce will be sanctioned. HMA,sec9 quoted bellow:

    “9. Restitution of cojugal right.

    When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly

    Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.”

    (1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

    (ii) 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 a proceeding to which they were parties.

  • If I put RCR and she comes back then what I should do?
      • Contact us for this query.
  • How can I use RTI in my case?
      • Contact us for this query.
  • I had put RCR can she put 498a?
      • Contact us for this query.
  • Can RCR be converted to divorce if she refuses to come back?
      • Contact us for this query.
  • What should be the content of RCR?
      • In a RCR Do not mention any allegations or facts that instigate your wife to counter it with another bunch of allegations!!
      • Contents : Keep it short-sweet and simple, basic history of how the marriage took place, where when and how it took place, here you guys lived, any kids, how you cared for her and the kids if any, how you spent and sacrificed for her, how much you love her (note – not loved her) and then for reasons unknown atleast to you she deserted you, when she desterted you and you have been trying to convince her, her folks, involved your folks, relatives and common friends to sort out and still no use and so you seek the courts permission to help you reconsile with your wife!!
    • Intentions :
        • Letting the court and her know you still love her (weather or not is not your botheration)
        • Letting the court officially know the date of your seperation/desrtion
        • Getting your wife into the court with hopes to reconcile and no grudge that would lead to counters, basically we do not want her to be comming to the court and spinning any yarns of dowry demands or violence or harassment. And when she appears and she too would be filing her objections and if those objections do not have the mention of dowry or violence or harassment – have you not got the legal proof of your innocence?
        • Proving to the court she deserted and so she is the reason for the breakup
    • Note :
        • In or during RCR do not put allegations in written, whatever you want to blast blast verbally but end of it tell that though all these happened you still love her soo very much and cannot think of living without her and that you will forget everything and you could start from the scratch with her
        • Like one of the seniors once adviced me – keep the RCR as a Sales Deal which was being pushed by your chacha, mama. kakas that you do not want to close but at the same time do not want to hurt the intentions of these chacha, mama, kakas – so during RCR keep your wife and folks in good humour and be sure you are in control.
        • Now if we are successful in getting our wives to the courts and filing objections and making statements the way we want – have we not got what we want?
        • By mentioning even one allegation you would be creating bad blood that would instigate them to file 498 and the heap load of other cases. Keep the allegations part pending until the evidence and cross examination time.
  • What are the advantages of filing RCR?
      • Filing RCR produces a legal document that you both are staying separately.
      • Gives an advantage to you in case you are looking for anticipatory bail for 498a.
      • Legally proving to the court that she and only she was the cause of the marriage breaking by deserting you and not you!!
      • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.
      • It proves the wife has not looked into the benefit of the child by deserting and breaking the family for her whims and fancies.
      • The above point will in turn give you advantage in child custody.
  • What are the disadvantages of filing RCR?
      • It increases the risk of false 498a against you.
  • I have put RCR and now she has filed 498a. Should I withdraw the RCR or continue with it?
      • Contact us for this query.
  • What is charge sheet?
      • The Investigating Officer is only required to collect material to find out whether the offence alleged appears to have been committed. In the course of the investigation, he may examine the accused. He may seek his clarification and if necessary he may cross check with him about his known sources of income and assets possessed by him. Indeed, fair investigation requires that the accused should not be kept in darkness. He should be taken into confidence if he is willing to cooperate. But to state that after collection of all material the Investigating Officer must give a opportunity to the accused and call upon him to account for the excess of the assets over the known sources of income and then decide whether the accounting is satisfactory or not, would be elevating the Investigating Officer is not holding and enquiry against the conduct of the public servant or determining the disputed issues regarding the disproportionality between the assets and the income of the accused. He just collects material from all sides and prepares a report, which he files in the court as charge-sheet.
    • The charge-sheet is nothing but a final report of police officer under Section 173(2) of the Cr.P.C. The statutory requirement of the report under Section 173(2) would be complied with of the various details prescribed therein are included in the report. This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigation Officer has been able to procure sufficient evidence for the court to inquire into the offence and the necessary information is being sent to the court. In fact, the report under Section 173(2), purports to be an opinion of the Investigating Officer that as far as he is concerned he has been able to procure sufficient material for the trial of the accused by the Court. The report is complete if it is accompanied with all the documents and statements of witnesses required by Section 175(5). Nothing more need be stated in the report of the Investigating Officer. It is also not necessary that all the details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case by adducing acceptable evidence.
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