Home > Restitution Of Conjugal Rights, Strategy > Strategy to fight RCR cases

Strategy to fight RCR cases

  • HRA section 9 can be filed even if she is staying WITH YOU.
  • Desertion is NOT a mandatory condition.
    • If she stops talking to you -> you can file RCR
    • If she sleeps on different bed -> you can file RCR
    • If she refuses to attend any marriage party -> you can file RCR
    • If she refuses to welcome your guests -> you can file RCR
  • Restitution of conjugal rights (RCR) is a civil case. It is a legal way of showing your interest in getting your wife back.
  • Normally, a wife will not come back once you have filed RCR. If she does, it’ll only be to fabricate evidence against you. Therefore, in your RCR, never mention your parents’ address as your current address. Hire an accommodation of a room and a toilet and give the address of the rented accommodation in your RCR. Even if she comes back, she is likely to run away from the rented accommodation within in a few days. Meantime, use technology to expose her.
  • Now note during the initial petition for RCR do not mention any conditions in it come what may – you bring up these conditions only on the final stages when you think its going to backfire and she is going to join you against your wishes and for her ulterior motives.
  • By not mentioning the conditions initially you are just showing the court that you are unconditionally ready to take her back again trying to paint a good picture.
  1. Vishal
    August 12, 2012 at 4:14 pm

    What if after filing 498A case, the husband secures AB without any cost to her and few days after AB she files RCR and 4 days after RCR she files DV?? What Action plan should one take?

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