A conjugal right may be available to you if your marriage is having problems and your spouse isn't cohabitating with you. Let's define RCR and explain how to file an RCR in this blog before we go into the specifics of the same.
The abbreviation RCR stands for Restitution of Conjugal Rights. RCR refers to a request for the resumption of marital relations, which may be made by either the husband or the wife before a court. To have your request for resumption of marital relations (RCR) approved before a court of law, your spouse must consent. However, whether or not they are allowed to together depends on whom the RCR is filed against.
A remedy for a person who is unhappy because their spouse left them without providing a valid explanation can be found in section 9 of the Hindu Marriage Act of 1955, i.e., Restitution of conjugal rights, often known as RCR. However, the court cannot order the party that withdrew from the other’s social circle to remain with the grieved party who filed the petition for restitution. The court executes the order by seizing the judgment debtor’s property.
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Things you must know before Filing an RCR in Court
For the criminal aspect of your disagreement, RCR is a bad, awful error. In essence, you are saying that you have forgotten all of your spouse’s cruelties and that you don’t care if she left you, refused to have physical relations with you or show you affection, filed a DV lawsuit against you and your parents, filed a 498a against you and your parents, and other similar actions.
As soon as you register RCR, you forfeit your right to report a divorce based on cruelty. After your RCR has been established by the highest court, you almost immediately lose your ability to file for divorce on any grounds for months, if not years. You must also battle your RCR to the top court’s docket before fighting it all over again to get the ruling enforced. It is not at all enforced, even at the quit.
Documents needed to File Restitution of Conjugal Rights (RCR)
- Address verification of petitioner’s identification
- Proof of marriage
- A photograph of the petitioner
- Any other document that validates the court’s jurisdiction.
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Requirements for Restitution of Conjugal Rights
- The respondent has left the petitioner’s neighbourhood, and there is no valid argument, defence, or legal foundation for this departure
- There shouldn’t be any more legal grounds for refusing the relief
- The validity of the observation made in the petition should be disclosed to the court.
How to File RCR In a Court of Law?
The aggrieved spouse files the restitution suit petition with the district court. The petitioner afterwards names HC as the recipient of the case application. Both parties must appear before the court on the days specified. The court will then set up counselling sessions for both parties.
These courts normally convene three times over four months, with pauses of 20 days in between. The information supplied by the parties and the counselling sessions will subsequently be used by the court to make a decision.
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Restitution of Conjugal Rights: Key Components
The following are the main elements of Section 9 (restitution of conjugal rights) of the Hindu Marriage Act of 1955-
- Legal marriage between the parties is required
- One ought to stay out of someone else’s social circle
- Without a good reason, this withdrawal must be done
- The court will want proof to support the claim that the decree cannot be rejected for legal reasons.
Plea for RCR Filed by Either of the Spouse
Either party, a husband or a wife, may file the petition for the restitution of conjugal rights. What Justifications can the Court use to Issue a Restitution of Conjugal Rights Order?
The following are the grounds that are sufficient for the court to grant the restitution of conjugal rights (RCR) order-
- The petition will be granted if the petitioner can persuade the judge that the respondent (spouse) withdrew from society without presenting a legitimate reason. The court found no legal reasons why the aggrieved spouse shouldn’t be given the restoration of conjugal rights because the petitioner’s (the unhappy spouse’s) allegations in the petition are genuine.
- The petition will be granted if the petitioner can persuade the judge that the respondent (spouse) withdrew from society without presenting a legitimate reason.
The court found no legal reasons why the aggrieved spouse shouldn’t be given the restoration of conjugal rights because the petitioner’s (the unhappy spouse’s) allegations in the petition are genuine.
Conclusion
Restitution of conjugal rights is a remedy intended to preserve the marriage rather than end it, unlike divorce or legal separation, which is a very significant element that must be underlined. It helps to prevent marriage breakdown and is a way to keep a marriage together. Therefore, the restitution of conjugal rights remedy attempts to encourage party reunion and marriage stability. It makes an effort to defend society against denigration. However, the parties must ultimately decide whether to follow the decree of restitution of conjugal rights and proceed with the marriage or not.
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