How to win RCR Section 9 Case?
Section 9 or RCR(Restitution of Conjugal Rights is a section used to save marraiges. The Hindu Marraige act is enacted to preserve sanctity of marraige rather than to have divorce and split.
In section 9 RCR the court is using one step to preserve the relationship. If husband or a wife is living seperately then if a petition is move by either husband and wife and prima facie on peititon. The court will ask the other spouse to explain why he or she is not living together?
Now the other spouse has to show the reasons of staying seperately to the satisfaction of the Ld. Judge.
It is the duty of the person to explain and satisfy the court about the reason for living seperately and away from matrimonial home and it is the duty of the respondent to explain.
Held in the case of Prakash Vs. kavita.
Now wife or husband will say that they are living seperately due to husband or wife job. The court has held that this is not a reasonable excuse held in sneh prabha vs. Ravinder kumar Vaid.
if wife comes out and say that we can stay together if husband stay with my parents it is also not a just excuse as held in jagjit kaur vs. elansingh
The petition of RCR also cannot be changed to divorce as held in Reema Bajaj vs. Sachin Bajaj, it has to be fresh petition.
Now this is important the intention of petitioner should be genuine and it should be such that the petitioner should lead a normal life with respondent. the bonafide of the petitioner is important and if petitioner do not desire to keep respondent then S. 9 will get dismissed as held in
Leela sharma Vs. Keshav Kumar sharma.
If there is dowry demand then it is a reasonable cause to stay seperately.
Dalip Singh Vs. Paramjit Kaur.
Now conduct of the husband is also an important aspect where the conduct of the husband is also important where the conduct of the husband is grave and heights cruelty and gave no furure assurance of showing conjugal kindness on her when she will return home is important held in timmis vs. timmis.
Attitude and feelings of husband towards wife is also an important aspect Annasahiv vs. Tabai
Notice and attempt to bring back the wife is not so much important held in meharchand vs. Gitan
Now if husband has taken ground of adultery and wants restitution both are conflicting and court will refrain to grant restitution held in Sushil Kumar vs. prem Kumar Dang.
Here are some reasonable excuses
Mental Cruelty Adultery, Fraud