INTRODUCTION
RCR stands for Restitution of Conjugal Rights. RCR is an application filed by either husband or wife before the court to reclaim their married life. It is where you apply to the court to reclaim your marital life with your husband, and it is dependent on your husband’s consent to be allowed before the court of law. However, it is dependent on whom the RCR is filed against and whether or not they are permitted to be together. Divorce, on the other hand, is a completely different idea. Divorce is simply the dissolution of a marriage. Divorce is the legal dissolution of a marital relationship. Family law attorneys handle the divorce process, which involves several issues ranging from property division to child custody. Divorce is a binding agreement.
DIVORCE: DEFINITION, LAWS, APPLICATION
Divorce is the legal dissolution of a man and woman’s marital union. The court of law grants the separation after receiving a petition from either the wife or husband, according to this act. Divorce is followed by alimony, child custody and visitation, property distribution, and debt distribution. Before filing for divorce, the Christian couple should be aware of the legal requirements in our country. The Indian Divorce Act will be discussed in depth in this article.[1]
WHEN CAN ONE SEEK DIVORCE
A divorce decision can terminate any marriage provided the other party consents:
Continued cruelty to the spouse after the marriage is consummated; has abandoned the spouse for a continuous period of not less than two years before the filing of the petition; has converted to another faith and, as a consequence, no longer considers himself a Hindu. If one party has been diagnosed with a severe and incurable form of leprosy or has suffered from a mental condition of such a kind and severity that the petitioner cannot fairly be expected to live with the other party. A person who has been abandoned has been infected with a contagious venereal disease.
Section (IA) provides that either party to a marriage may seek a decree of divorce on the ground;
For a year or more after a court separation judgement was made in a proceeding in which they were parties, there has been no resumption of cohabitation between the parties to the marriage.
A woman is entitled to a divorce decree not only on the aforementioned grounds but also on the two additional grounds listed below.:
Section 18 of the Hindu Adoptions and Maintenance Act, 1956, states that if a woman’s husband has committed rape, sodomy, or bestiality since the marriage was solemnised, a decree or order against the husband has been issued.[2]
MUTUAL CONSENT DIVORCE
According to the petition, the parties had been apart for at least a year. The court concluded that the pair should not have collaborated to file such a petition. Mutual consent divorce decisions are authorised under Section 13B of the Act. The court must investigate to establish if the couple’s marriage was legally recognised and whether the allegations in the petition are factual.[3]
To get a divorce decree by mutual consent, the consent to pursue such a decree cannot be rescinded while the petition is pending. It is important to note that consent given by one party while filing such a petition with the other party is reversible if the consent is later retracted.
Divorces are legal divorces based on mutual consent, but the Court must be convinced that such consent was not gained via force, fraud, or undue influence. The law states that when a divorce is obtained by deception, the Court may recall a decree acquired by deception. (Chapter 23)
RCR: DEFINITION, LAWS, APPLICATIONS
During 498a/DV litigation, it is very uncommon for the spouse to leave her marital home and begin residing in a few other vicinities, so depriving her partner of his conjugal rights. Some legal specialists would advise you to follow RCR, also known as Section 9 of the Hindu Marriage Act.[4]
PROVISIONS FOR RCR
This means that the party seeking a divorce can lead the other party up the lawn by letting them obtain the RCR decree as soon as possible, and then using the same method against them. In this case, the courts do not construe her RCR as condoning her partner’s alleged cruelty. An RCR petition will not help you save money on preservation. This results in a divorce decree for the lifetime of the quilt, and the deserting party gets what they desire.[5]
MESSAGE
It is critical to change and modify existing divorce rules and laws in India in response to societal changes. It is critical to consider different aspects of a case from the perspectives of men and women. Both divorce and marriage are life-altering events. The discretionary powers of the courts are also important in deciding divorce cases. Marriages cannot be ended abruptly. As a result, the rules and grounds for divorce must be revised to meet the needs of society.
Author’s Name: Sanjeev Lakra (National University of Study and Research in Law Ranchi)
[1]Renu Suresh, ‘Indian Divorce Act’ (India Fillings, 1 May 2022) <https://www.indiafilings.com/learn/indian-divorc-eact/#:~:text=Divorce%20is%20the%20legal%20dissolution,from%20either%20wife%20or%20husband> accessed 26 January 2023
[2] Tapsash, ‘Procedure to File for Divorce in India’ (Legal Services India – law lawyers and Legal Resources) < https://www.legalservicesindia.com/divorce/index.html > accessed 26 January 2023
[3] ibid
[4] Staff Desk, ‘Important Things to Know About RCR & It’s Provisions’ (Vakil Search, 2 Dec 2022) <https://vakilsearch.com/blog/rcr-498a-provisions> accessed 27 January 2023
[5] ibid
