When a husband or wife withdraws from the society of the other without any reasonable cause, the aggrieved spouse can file a petition for Restitution of Conjugal Rights (RCR) under Section 9 of the Hindu Marriage Act, 1955.
It is a legal remedy aimed at restoring cohabitation between married couples when one partner has left the other without justification.
Our experienced family and matrimonial lawyers in Jaipur assist clients in filing and contesting RCR petitions before the Family Court, ensuring their rights are fully protected.
What Is Restitution of Conjugal Rights?
Restitution of Conjugal Rights is a court-ordered direction compelling one spouse to resume marital life with the other.
If the court is satisfied that:
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The withdrawal was without reasonable cause, and
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The petitioner is ready to live together,
then it may pass a decree of restitution, legally directing the other spouse to return.
Legal Provisions
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Hindu Marriage Act, 1955 – Section 9
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Special Marriage Act, 1954 – Section 22
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Indian Divorce Act, 1869 – Section 32 (for Christians)
When Can You File a Petition for RCR?
You can approach the Family Court if:
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Your spouse has left the matrimonial home without any valid reason.
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You have requested reconciliation, but they refuse.
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There is no pending divorce petition or legal separation.
Our advocates guide you through the entire process, from drafting the petition to representation before the Family Court.
Documents Required
To file a petition for Restitution of Conjugal Rights, the following documents are needed:
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Marriage certificate
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Proof of separation or withdrawal (letters, chats, etc.)
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Identity and address proof of both spouses
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Photographs and evidence of attempts at reconciliation
Process of Filing Restitution of Conjugal Rights Petition
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Consultation & Case Evaluation – We assess whether RCR is the right remedy for your situation.
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Drafting the Petition – A detailed petition is filed under Section 9 of the Hindu Marriage Act.
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Filing in Family Court – The petition is submitted to the Family Court having jurisdiction.
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Notice to Spouse – The respondent spouse is served with court summons.
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Hearing & Evidence – Both parties present evidence and witnesses.
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Court Judgment – The court decides whether to grant the decree of restitution.
Effect of Restitution of Conjugal Rights Decree
If the decree is not obeyed for one year or more, it becomes a valid ground for divorce under Section 13(1A)(ii) of the Hindu Marriage Act.
Thus, it may also serve as a precursor to divorce proceedings if reconciliation fails.
Defending a Restitution Petition
Our lawyers also represent respondents (spouses against whom RCR is filed).
You can contest the petition by proving:
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There was a reasonable cause for leaving the spouse (e.g., cruelty, harassment).
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The petitioner is not willing or fit to resume cohabitation.
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The petition is filed in bad faith or as a tactic before divorce.
Why Choose Us
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45+ years of combined legal experience
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Experienced family court advocates in Jaipur
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Transparent legal advice and professional drafting
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Representation before Family Courts and High Court
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Assistance in mediation, reconciliation, or settlement
Our Services Include
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Filing RCR Petition under Section 9
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Responding or contesting RCR petitions
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Legal notice before filing
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Mediation and counselling support
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Post-RCR divorce or maintenance advice
Contact Our Restitution of Conjugal Rights Lawyers in Jaipur
If your spouse has left you without any reason, or you’ve received a legal notice for restitution of conjugal rights, our family law experts can help.
Office Address: 109, First Floor, Fortune Heights, Ahinsa Circle, C-Scheme, Jaipur – 302001
Call Now: +91-7300056080
Email: divorceadvocatejaipur@gmail.com
FAQs on Restitution of Conjugal Rights
Q1. Can a wife file restitution of conjugal rights against her husband?
Yes. Either husband or wife can file an RCR petition if the other has withdrawn without valid reason.
Q2. What happens if the spouse refuses to return after the decree?
If the decree is not complied with for one year, it becomes a valid ground for divorce.
Q3. Is restitution of conjugal rights enforceable?
It is a civil decree, and though execution is possible, it cannot force physical cohabitation—it acts more as a legal ground for reconciliation or divorce.
Q4. Where can I file an RCR petition?
You can file it in the Family Court where you and your spouse last lived together or where the respondent currently resides.
Q5. Can the court deny restitution of conjugal rights?
Yes, if the court finds that the spouse had reasonable cause to withdraw or that cohabitation is not possible.
