Saturday, 24 November 2018

Want to save your marriage? Consider filing a petition for restitution of conjugal rights

If you want to save your marriage by filing a case for restitution of conjugal rights (RCR).
Conjugal rights mean the right to stay together.
Moreover, according to the Hindu Marriage Act, 1955 (Section 9) if either of the party (husband or wife), without a proper reason, withdraws from the society of the other, the aggrieved party can approach the Court and file for RCR.
But, keep in mind the decree of restitution of conjugal rights cannot forcefully make the party to live with the one who had filed for RCR.
Things You Need to Know Before Filing for RCR
The following three requisites need to be met for Section 9:
  • Husband and wife must not be staying together.
  • There should not be a reasonable ground for the withdrawal of a party from the other.
  • The aggrieved party must apply for restitution of conjugal rights.
Now, let’s have a look at the factors based on which the RCR petition can be rejected:
  • If the respondent claims for any matrimonial relief.
  • If the actions of the petitioner makes it difficult for the respondent to stay with him/her.
  • In case the petitioner accepts to have committed any matrimonial misconduct.
Hiring the Right Lawyer Can Give You Peace of Mind
The aid of Restitution of Conjugal Rights makes it necessary for the spouses to live together. But unfortunately, this measure at times can be misused, disturbing a person’s “Right to Life, Right to Privacy and the Right to Equality” and therefore is Unconstitutional.
So, if you still plan on taking the aid of RCR, consider looking for experienced Conjugal Rights Lawyers.
Let’s face it, filing a petition for RCR can be overwhelming and a challenging task. But having a legal expert by your side will help you make the right decision that will work in your best interest. In case, you are not sure about hiring a lawyer, you can consider consulting Best advocates in India online having experience of dealing with matrimonial disputes.
Luckily, a handful of websites have sprung up recently that makes it easier and faster for individuals to find and consult lawyers and law firms online. Also, such sites provide resources that can help you gain knowledge of the law and legal procedures. For instance, you can find court affidavits and drafts, judgments, and other crucial legal resources to have a better understanding of your legal matter.
In fact, online legal sites contain a large database of lawyers among whom most, if not all, of the lawyers will provide answers to any legal query quickly (and knowledgeably). And, once you are confident of hiring a legal practitioner, the next step is figuring out how you can work your attorney successfully.
Wrapping Up!

In case you feel your spouse has left you over just a silly matter, you can consider filing a petition for restitution of conjugal rights. However, to make the legal process less complicated, you should consider consulting a legal expert in the matter beforehand. 

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  4. The term conjugal rights was used by legal scholars in the 19th century to describe a set of legal rights that were granted by law to married couples under certain circumstances. In addition, there are other types of conjugal rights such as those relating to property, inheritance and child support.

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  6. Article 35 of the Limitation Act of 1871 specified a time of two years from the date of demand and refusal as the periodof limitation for proceedings for recovery of conjugal rights. The current Limitation Act went into effect in 1908, repealing Article 35.

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