Dear Friends, I see a lot of advice about filing RCR (under various matrimonial laws, primarily Sec 9 of Hindu Marriage Act, 1955) whenever you face 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) or threat of 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023). I find no merit in filing RCR at all. This is the most useless provision of law. I hear various arguments favouring it; I’m afraid I have to disagree with any of them.
Argument 1 favoring filing RCR has been that it would reduce maintenance or end maintenance. Look at it like this: what the statute says in CrPC 125 (4): No wife shall be entitled to receive an allowance from her husband if she, without any sufficient reason, 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 the CrPC 125 petition. There are no prizes for guessing which one is going to be easier. The onus of proving that she has no rhyme and reason will be far more complex than proving that her allegations are insufficient. Also, you are trying to cut one maintenance, whereas you would be paying maintenance under Sec 24 of HMA, 1955, till RCR remains pending in the court. THERE IS NO ACTUAL BENEFIT; RATHER, IT MAY TURN OUT TO BE A LOSS-MAKING PROPOSITION.
Argument 2 is that she must run to your city to defend this. Again, she would put a transfer petition in the Supreme Court/ High Court and get the case transferred; the SC/ HC is always too lax in such matters, especially if some other litigation is pending in her area.
Argument 3 is that 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, litigation expenses are denied very rarely by courts.
Argument 4 is that it would stop her divorce Petition. I’m sorry, but both cases are decided on their respective merits and run parallel to each other.
Argument 5 is that it would be easier to get AB. I have yet to listen to more absurd reasons. Do we think that Judges are fools? Can’t they see through us? They face the same situation day in and day out. On the one hand, you are saying, listen, My Lord, she is laying baseless and concocted allegations of the 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 a divorce if she did 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 yet to be complied with for more than one year, you have the right to seek divorce on the same ground. But, But, BUT… and it’s not a small but, it’s the decree 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 pitfalls. She might agree to come back, with 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) pending on you. You can not refuse because the RCR is pending despite 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) on you.
- You have condoned all the offences until the RCR is in court. That means that if you are acquitted on a false 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) on xx dates, and you withdraw RCR on xx+1 date, you have legally condoned the false 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023): 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 yourself when you are in court stating something and your contradictory statements can be used against you.
- God Forbid if you lose the RCR case. You are doomed. The court won’t entertain your divorce petition. You are at the mercy of your lovely 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) wife to get a divorce after that.
- Even if you succeed, your wife can file permanent alimony under S. 25 of HMA.
Regards, Shonee Kapoor