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Author Topic: Restitution of Conjugal Rights (RCR)  (Read 4731 times)

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Offline shaan

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Restitution of Conjugal Rights (RCR)
« on: December 26, 2013, 05:48:12 PM »
I am Hindu male. I got married in Feb, 2012 & our son was born in May, 2013. But my wife's relations with my parents are not good. So she started living in her parent's house since Feb, 2013 and now does not want to come back and live in the house where I am living with my parents. She along with her parents also don't allow me to take my son anywhere though she herself visits her relatives.

(i) Is their any legal provision like "restitution of conjugal rights (RCR)" etc so I may get my son & wife to stay with me?

(ii) Do I have to provide maintenance to my wife if i go for RCR and what would be the amount of maintenance?

(iii) Can they file false 498a if i go for RCR?

(iv) Does filing RCR help me in any way, in case they want to file false 498a?
« Last Edit: December 26, 2013, 05:52:15 PM by shaan »

Offline advuma

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Re: Restitution of Conjugal Rights (RCR)
« Reply #1 on: December 26, 2013, 07:32:17 PM »
Yes u can file for rcr, before doing that have some recorded conversation with your wife this will work as evidence. What uu need to do is first of all file for restraining your in laws fromm interfering and destroying your family life. Than simultaneously file rcr and child custody.
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline advkhanna

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Re: Restitution of Conjugal Rights (RCR)
« Reply #2 on: December 26, 2013, 08:42:48 PM »
before taken legal recourse go for a sitting with elders from both sides of the family try to record the meeting conversation.

by the way wife denying sex to husband is cruelty and a very good ground for divorce.

another thing as rightly pointed out by advocate Uma, in laws interference should be stopped.

they have become a menace in most marital life of today's generation's marriage life.


Offline shaan

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Re: Restitution of Conjugal Rights (RCR)
« Reply #3 on: December 30, 2013, 10:33:27 AM »
Thanks a lot for the quick reply.

Based on your replies I've three queries:

(i) Does the court recognize email sent to my wife asking her to come back along with our son or shall i ask a lawyer to send her a legal notice, coz she has been living in her parent's house for almost an year?

(ii) What are the ways by which i can lawfully prevent my in-laws from interfering in our lives?

(iii) How can I seek custody of my child?

Thnks & Rgds,
Shaan
« Last Edit: December 30, 2013, 10:38:49 AM by shaan »

 

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