Legal Question in Family Law in
I want to filer RCR... got md in Delhi, estranged wife has moved to Delhi too. Self am army man in Shimla.
How is RCR filed - in court of through a lawyer I prep docu and send it to her from Shimla. I
nfact the basic Q is what is RCR and how to file it
2 Answers from Attorneys
you need to file the RCR in delhi only as your wife is staying here. even if you file the same in shimla, she may get it transferred to Delhi. so better file in delhi to save time and money.
RCR is the restitution of Conjugal rights per section 9 of Hindu Marriage Act. It could be filed at any of the place where marriage took place or where the H&W last lived together or where wife is currently staying and is preferred at where wife is currently staying. That is so because the pattern is that if wife is staying at a place different than the first two, then she would normally go to supreme court for the transfer of case to place where she is currently staying and Sup Court will do that on an application.
For filing it, you may do it yourself but it is advisable to do it through a lawyer. You have to show that she left the house without any rhyme or reason and she be directed to join the matrimonial home and you are ready and willing to keep her in the matrimonial home.
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