Priya Dharshini
in Civil Law Family Law
Asked November 01, 2017

Restitution of Conjugal Rights marriage

  • 2 Answers

My husband and his mother filed RCR case against me without my knowledge when I was in my mother's home for first delivery. They also attended 1st hearing without informing me. They did this all, just to get divorce without my knowledge. Later I came to know about this and I complained in SP office. They investigated and filed FIR against them. I don't want to get separated from my husband. I want to live with my husband along with my 1.5 year old baby. I want to know how this case will proceed and end. Is there possibility for me to live with my husband? Will the court help me in that? 

Answers 2

As per Section 13(1-A)(ii) of the Hindu marriage act, 1955, divorce can be granted when "there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties." A prerequisite is a decree of RCR and both the husband and wife being parties to the RCR decree. It is not clear whether a decree has already been granted in your case. Further, it can be argued that you were not a party to the suit, since you were not informed about it. Thus, it is likely that the court will come to your assistance. 

Agree Comment 0 Agrees almost 4 years ago

Dear Client, 

Yes, you have every option to live with your hubby. You just need to appear in the respective court through your lawyer and ask the court that you want to live. The court will pass the decree accordingly. 

As far as FIR is concerned, at the time of bail of your hubby,  a notice will be served to you, you just need to appear, ask the respective court what you want? If your hubby is readdy to be with you, then he will get bail. After bail, file a qushing petition in the respective High Court to quash that FIR.  Once, the FIR get qushed by the High Court, you hubby will be free. But the most important thing is that you should judge your hubby or his family's behaviour agaist you. If everything is good, then you can sort it out as per aforementioned direction.

Agree Comment 0 Agrees almost 4 years ago

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