RCR is the Restitution of conjugal rights. To define the Restitution of conjugal rights simply, it is the right to stay together for spouses. In contrast, divorce is the opposite and means legally dissolving one’s marriage. What is the exact difference between the two? And can we change an RCR petition into a Divorce petition?
In general, conjugal rights are the rights that are provided to married couples in relation to their sexual relations during the subsistence of their marriage. In simple terms, the Restitution of conjugal rights is the right to stay together.
What is RCR?
RCR is short for the Restitution of Conjugal Rights. An application filed by either husband or wife before the court to get their married life back is known as RCR. is where you file an application before the court to get back to your marital life with your husband, and it depends upon the consent of your husband to get it allowed before the court of law. However, it depends on the person RCR is filed against and whether they permit to be together or not.
In section 9 of the Hindu Marriage Act, 1955, there is a solution for an aggrieved person whose spouse has left them without giving any reasonable ground. And the solution is known as Restitution of conjugal rights, i.e., RCR. But the court cannot force the person who has withdrawn from the society of the other to stay with the aggrieved person who has instituted the petition for Restitution. The order is executed by the court by attaching the property of the judgement debtor.
According to section 9, Restitution of conjugal rights; “when either the husband or wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court. for RCR and the court, on being satisfied with the truth of the statements made in such a petition and that there is no legal ground why the application should not be granted, may order Restitution of conjugal rights accordingly. The burden to prove that there was a reasonable excuse for withdrawal from the society of the other always lies on the person withdrawing.”
What is a Divorce?
Divorce, on the other hand, is a very different concept. In simple terms, divorce is ‘the dissolution of marriage. The legal termination of a marital relationship is known as divorce. The divorce process is handled by family law attorneys and involves several issues, ranging from division of property to child custody.
Divorce is a permanent settlement. It is an emotional and tiring process; that is why it is advised to hire not only knowledgeable and efficient attorneys but also whom you trust and feel comfortable.
There are some terms that are in line with divorce you must know. These terms are listed below:
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No-fault Divorce
The no-fault divorce takes away the fault-finding action. In no-fault divorce law, both parties have the freedom to file for divorce without having to claim any fault.
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Legal Separation
Legal separation involves the same process of filing papers with the court to start legal action as in a divorce. And the court has to make the same decisions about children, debts and assets as in a divorce. However, they do not get divorced; instead, they get separated, which means that they are still married but are not responsible for each other.
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Custody
Custody is the legal right granted to either or both spouses to take care of their child or children after they have divorced or separated.
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Alimony
Alimony is a monthly payment one spouse must give the other, according to court orders.
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Child Support
Similar to alimony, Child support is also a monthly payment that one spouse has to give to the other. However, as the name suggests, it is only reserved for their offspring.
But why are we talking about Restitution of conjugal rights and divorce at the same time? And what is the difference between both of them?
To put it simply, one is favored over the other. You would be surprised to learn that most lawyers suggest filing for a divorce rather than an RCR. Some lawyers have even labored RCR as “the most useless provision of law”. So what is it about RCR that makes it so unfavorable by many lawyers? Let’s read in the next segment.
- In CrPc 125 (4), the statute says, “no wife shall be entitled to receive an allowance from her husband if she, without any sufficient reason, refuses to live with her husband”. However, when the divorce is finalized, the judge has to fix alimony for the spouses.
- After filing for an Restitution of conjugal rights, it is most likely that the person it is filed against has to pay “litigation charges” that the other party can claim. Whereas, during a divorce process, both parties have to bear their own expenses.
- The biggest reason RCR is a no-go is that the person it is filed against can deny compliance with the court order without facing any consequences. While defying a court’s order in divorce is not possible. If they do so, then they face punishment like a fine.
After learning about the difference between RCR and Divorce, the next question is, can an RCR be converted into a divorce?
And the answer is no. If someone wants to file for a divorce after they have already filed for an RCR, they will need to file an application for withdrawal of the Restitution of conjugal rights petition and file again for a divorce petition.
If both the parties want to get a divorce, then mutual divorce is the easiest way. Mutual divorce will allow them to mutually decide child custody, child maintenance and alimony.
However, if one party does not want a divorce and the other one does, then they would need to file for a contested divorce by filing a divorce petition in court. Once the petition is accepted, then only the divorce process will start, and both the parties will need to appear before the court with their attorneys. A contested divorce is a difficult route to take as it takes upto1-2 years to finalise.
And as mentioned before, a contested divorce is an emotional process as it includes child custody, division of property/properties and other personal things.
Conclusion
Therefore, Restitution of conjugal rights is advised to consult the best lawyers in India to make the process smooth. Specifically, divorce lawyers with experience will understand your case correctly and provide you with the best legal advice for your case. To consult an expert lawyer just for your case, try Vakilsearch! They have over 50,000 customers and register 10% of all Indian companies, i.e., one company every nine minutes! It provides the best legal advice for its clients and makes legal processes hustle-free for you!
