Ramya Padma
in Family Law Criminal Law
Asked August 14, 2017

RCR Notice has been sent to live together or to initiate divorce proceedings

  • 1 Answer
  • 660 Views

My husband had affair with another girl so he left me and has been living seperately for more than 3 months. Now suddenly I received a conjugal notice from him. His wish to live with me or he is planning to get divorce from me? 

Answer 1

 

 

 

Dear Sir/madam,

RCR refers to Restitution of Conjugal Rights which means re-establishment of the matrimonial rights and obligations between a husband and a wife. This is basically to make good the loss incurred while living separately. Also, to go back to the same situation of husband-wife living together fulfilling their matrimonial obligations. The law mentions it under Section 9[1] of the Hindu Marriage Act, 1955.

Therefore, your husband while sending the notice of RCR suggests to live together and fulfill the marital obligations. Nothing to worry about. However, if you, on the other hand, wish to live separatley or leave him for his wrongdoing then you can completely ignore the notice and file for divorce instead. Else if u wish to live together and get back with him then repond to the notice.  

 

[1] (1) When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

 

Agree Comment 0 Agrees about 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.