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Why not to file the restitution of conjugal rights?

Dear Friends,
I see a lot of advise about filing RCR (under various matrimonial laws, mostly Sec 9 of Hindu Marriage Act, 1955) whenever you face 498-a or threat of 498-a. I find no merit in filing RCR at all. I honestly think that this is the most useless provision of law. I hear various arguments in favour of it, I don’t agree with any of them.
Argument 1 in Favor of filing RCR has been, it would reduce maintenance or end maintenance.
Look at it like this, what the statute says in CrPC 125 (4) if the wife, without any sufficient reason, she refuses to live with her husband. One has two ways of proving the same. Either get a decree of RCR in his favour or defeat her claims in CrPC 125 petition. No prizes for guessing, which one is going to be easier. The onus of proving that she has no rhyme and reason is going to be far difficult than proving that her allegations are not sufficient. Also, you are trying to cut one maintenance, whereas you would be paying maintenance under Sec 24 of HMA, 1955 till RCR would remain pending in the court. NO ACTUAL BENEFIT RATHER IT MAY TURN OUT TO BE LOSS MAKING PROPOSITION.
Argument 2 is that she would have to run to your city to defend this.
Wrong again, she would put a transfer petition in Supreme Court/ High Court and get the case transferred, the SC/ HC is always too lax in such matters, more so, if some other litigation is pending in her area.
Argument 3 is she would be spending money on defending it.
More often than not, the money would come from your pocket only, as she would claim litigation expenses from you u/s 24 HMA. Even if your wife is earning and she may not get maintenance, but litigation expenses is denied very rarely by courts.
Argument 4 is that it would stop her divorce Petition.
Sorry, both cases run on their respective merits.
Argument 5 is that it would be easier to get AB.
I have yet to listen to more absurd reason. Do we think that Judges are fools? Can’t they see through us? They face the same situation day in and day out. On one hand you are saying, listen My Lord, she is laying baseless and concocted allegations of worst nature, on the other hand you are saying, I am willing to stay with her. Also, please note that RCR can never be conditional.
Argument 6 is that it would be easier to get divorce if she does not comply with the decree.
Yes, on the face of it. There is a ground available for divorce, if there is a decree of RCR in your favour, which has not been complied with for more than one year, you have right to seek divorce on the same ground. But, BUt, BUT… and its not a small but, it’s the decree which has been enforced and executed under Order 21 Rule 32 of Civil Procedure Code, 1908. Hence, count the number of cases you would be fighting to meet your end. 1. RCR, 2. Enforcement of Decree, 3. Divorce and 4,5,6… n all revisions and appeals she would file.

Pitfalls, filing of RCR has its own pitfalls.

  • She might agree to come back, with 498-A pending on you. You can not refuse because the RCR is pending despite 498-A on you.
  • You have condoned all the offences till the date the RCR is pending in court. That means that if you are acquitted on a false 498-A on xx date, and you withdraw RCR on xx+1 date, you have legally condoned the false 498-A. Sorry pal, no divorce for you on this ground. Remember Criminal Cases generally run faster than civil cases.
  • You would be unnecessarily increasing the litigation and strain on your own self, when you are in court stating something, contradictory statements of yours can be used against you.
  • God Forbid, if you loose the RCR case. You are doomed. The court won’t entertain your divorce petition. You are at the mercy of your lovely 498-A wife to get divorce thereafter.
  • Even if you succeed, wife can file permanent alimony under S. 25 of HMA.

Regards,
Shonee Kapoor

 

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22 Comments

  1. Rohit October 21, 2018 Reply

    Let me know if I don’t do anything and she want to return after 5 or 10 years. What should be my step? If I really don’t want to stay with her and don’t want to give money to the blackmailer wife and in-laws.

    Nowadays 497 withdrawn by SC. What if she birth a child from another man and later demand maintaininance and paternity benefits?

    Please advise the best approach in current situation with current Hindu law provisions.

    • Shonee Kapoor October 26, 2018 Reply

      No one can force you to stay with her. The best is that if you want no relation get divorced.

  2. Kaleem September 18, 2018 Reply

    Sir…like all other men am also the victim of false Dowry and DV case. Last year my wife had filed a false DV act demanding crores of rupees and past one year they havent presented any evidence and hopefully the judge pressurize them. All my wife does is come to the court and takes the maintainence money goes away. Now the real question, I would like to ask is, soon after my wife filed DV act, I had filed a RCR and its been running for last one year (Mediation failed and she is demanding a property on her name) and after one month of mediation failed, she filed 498A against my family members. Now, I have decided that I don’t want to live with her any longer and I am thinking to withdraw RCR ?? If I withdraw RCR, would it impact on the DV and dowry cases ? OR these cases will have no impact on RCR and can fight these cases on merits ?

  3. Nani May 24, 2018 Reply

    We got married in Jul, 2017 My age (31) wife (30) this was an arrange marriage. We are based in Mumbai but I’m working in Chennai from last 5 years.
    She has younger brother and father who works in a small firm and house wife mother.
    Before marriage we had come to an understanding that no kids for at least 2 years meanwhile we spend good time together save money and get our own house in Chennai.
    In all our conversations from our engagement time till November 2017 I’ve always realised She’s bit immatured and cannot take ANY decisions on her own and she’s very introvert.
    She’s always depended on her mother for any small decision in her life. After marriage we moved to Chennai and started having small misunderstandings
    She’s become more dominating and tried to implement whatever her mother says. Her mother dominates her entire family nobody dares to speak against her not even her father.
    So she wanted her daughter(my wife) to do the same and make me dance to her tunes but I’m completely against her wishes which annoyed her and her mother.
    As this continued for certain time she decided to go back to her Maternal home (Mumbai) and she closed all communications with me after she reached there.

    My family arranged couple of meetings with her family and few well wishers to sort out these issues everybody understood that her mother is the real culprit behind all her wrong behaviour
    Now MY Wife is refusing to come back so I sent a normal notice through my lawyer (NOT court) to come back and lead a normal marriage life.
    In reply to my letter she sent a notice through her lawyer (NOT court) quoted with baseless allegations like dowry & sexual harrasment and we forcefully thrown her out from my home (all are baseless allegations)

    I didn’t respond to her notice which has all false allegations

    So wanted your help on below questions

    1) Sending (RCR) Restitution of Conjugal Rights (Through Court) is the best option or filing Divorce ? If I file RCR, Can she file Domestic Voilence meanwhile without any concrete proof ?
    2) Will her lawyer charge any money to come to court after I file RCR ? what exact charges ? (Apprximate charges ??)
    3) While RCR is going on can she ask for interim maintainence ?
    4) If she denies to comeback after court counselling through RCR what are the next steps ? Any Grace period given to her ? and when can I file for divorce ?
    5) If she comes back can I get an approval from court to install CCTV @ my home in Hall (to avoid future problems) ?
    6) If I file for Divorce after how long she can ask for interim maintainence ?
    7) If I file for Divorce and after counselling if she asks for reconcilation and she repeats same things again can I file for Divorce again
    8) If she refuses for Divorce petition can I take petition back and can court order her to come back and stay with me, if yes after what time duration she’s supposed to come

    – The reason I’m thinking of RCR is I don’t want to pay interim maintainence (I can pay lumpsum / total money in the final agreement)
    My questions maybe confusing whether I want this marriage or not ?? But I’m decided that I don’t want to stay with her any more, just to clarify whether I should go for RCR or divorce? if she & her family pleads to take her back then I may give it a thought

    As her family is very cunning I want to ensure my moves are more accurate and prepared for everything.
    We are not in talking terms since Nov 2017 & as far as I know she doesn’t want to come back but if I initiate and file for divorce she may play smart.

    Thanking you in advnace for taking your time out and guiding me in proceeding further in my case

    Regards,
    Nani

  4. Vipul May 20, 2018 Reply

    Sir, my wife left me to go to her in parents place 3 weeks back following some dispute b/w us. 2 days before that my father in law threatened me to put in jail / accuse of false cases. She hasnt come back nor has she responded to my msg/calls. She has also taken leaves from her office. I am not sure whether she wants to stay with me or not. But they havent filed any cases / fir yet.
    Assuming that she does want to stay with me, should I file an RCR? primarily bcoz I do want her back and live peacefully and two because I dont want me and my parents to get into police / court matters.

    • Shonee Kapoor May 20, 2018 Reply

      RCR is a waste. Please keep patience and wait for their next move

  5. khaliq October 13, 2017 Reply

    My wife has filed one case for maintainance and another 498 -A in the month of February’2017. And I ‘m not appear in the court till date. Please guide to step will be taken by me.

  6. Arun July 2, 2017 Reply

    Dear Sir,

    My wife has filed crpc 125 and the case is heard nearing 2 years! No DV, 498A or Divorce filed by her. Nor I have filed for divorce! She is not even appearing at court from 1+ year! Lawyer everytime harasses and takes vaida saying that I tired to assault him at corridor or was threatening him n my wife at multiple occasions… Judges without even allowing me to talk… Shout at me or issue warrant for not making full payment! Now even after paying 90% they are not filing evidence! Everytime it is for payments!!! When will they file evidence then?? I filed petition 125(4) and (5). Even for that no objection filed.

    My previous lawyer favour them n I changed 2 lawyers but of no use… Now as per the new lawyer’s advise, i withdraw my petition 125(4) & (5), it is pressed and dismissed. Now he says… to file RCR. As i am unemployed n lost my job due to harassment by my inlaws… I said it might drag the case n i might end up paying more maintenance… and questioned him as go why he asked to withdraw 125-4&5 n now asks to file rcr! For which he kind of orders to do what he says! I am confused!

    Though I initially gave my resignation letter, FIR copies, wound n medical certificates, proving the physical asdault n harassment by my inlaws… No judges look into it… Assuming i am working they blindly passed 5k per month! I am in a very bad shape. Plz suggest. Should i file rcr? Will it help.

    • Shonee Kapoor July 25, 2017 Reply

      Ask your lawyer to press for evidence or get the case dismissed for not presenting evidence.

  7. SK May 21, 2017 Reply

    Hi. If a husband wants a separation without any solid grounds, wife has filed a complaint at CAW cell and no other case, but, wants a reconciliation. Can she go for RCR? Would it be worth it?
    Thanks.

  8. Rohan April 14, 2017 Reply

    Hi
    Came across this page and found the info useful! However can you guide a little. I filed RCR in Jan 2014 but when realised the intentions of Wife withdrew the RCR in Oct 2014. Before withdrawal of RCR filed for Custody!
    Wife then filed RCR in Feb 2015 which is still pending in court along with my custody petition. After getting favourable orders in CRAs pertaining to my custody petition she applied for transfer of case to other city in Oct 2015 which was allowed in Jan 2017 in high court!
    Both cases will start moving ahead this year.. the crux of the matter is Wife has ill intentions / keeping Son away from me / frustrate me / restitution has malicious intentions
    Any advises

  9. mahesh gaikwad March 27, 2017 Reply

    sir I have been acquited from false 498a case on 15th dec 2016 by JMFC court opponants have not applied in session court as well in DV case magistrate have ordered huge money for compansession and other reliefs too.My Ex have remarried in 2015 and lives happily and gave bith a child too. And fighting false dv case in session court. I am thinking to file Restituion of con. rights case to pressurize them. Am i go for it or else?

    • Site Admin April 3, 2017 Reply

      No, I will not recommend it. Fight your case on the merits, your 498A judgment will benefit you.

  10. Hemantha Rao January 21, 2017 Reply

    sir my wife has filed an false fir that is dowry harassment case on whole my family members.It is running. before that I filed for divorce. now the court has been awarded her 10000 pm maintaince and she filed for RCR. Trail court has given divorce case, RCR and maintaince in her favour. dowry harassment case is running. I appealed in high court for maintaince that too came in her favour. I am working in army and my daughter is with her. My wife is educated and well to family. And the judgement was I have to pay from the date of petition that is from 2011. Please suggest me what next I can do.

    • Rattandip Singh February 21, 2017 Reply

      I am sad to read about your cases, I can understand your plight. Your cases need to be understood in-depth to provide any legal opinion as they are in an advanced stage and you already have a few adverse decrees against you. You may consult a good local lawyer or seek Skype appointment with Mr. Kapoor by sending a mail to info@shoneekapoor.com.

  11. sandeep August 31, 2016 Reply

    If RCR is not a solution, then what you suggest might be the solution for 498-a & DV act. What a guy should have done then if wife falsely filed a maintenance case under DC act. and also charges that her mother gave gold and cash to help guy but which is also not true? Is there any way to get rid of these and prove wife is at wrong end.

  12. BHARAT NARASGOUDA July 11, 2016 Reply

    if the wife has filed crpc 125 for maintenance in one place, the husband files RCR at another place where the wife is unable to attend and the husband gets RCR decree he waits for a year he knows she will not be in position to appeal against RCR or file application for setting aside the exparte decree, hence he gets the divorce easily.

    • External Admin August 5, 2016 Reply

      There are too many assumptions in the scenario you took, like wife will not attend RCR proceedings and husband will get Ex-Party and she will not appeal also.

      Reality is far from this, in doing all this, you will run a huge risk of wife coming back and staying with you -possibly occupying your property/parents property and take may take residence rights also; while you would have condoned all her acts of the past by your RCR.

      However, if there is a genuine desire of a husband to cohabit with his wife, he should certainly file for RCR.

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