Tamil Nadu - File for Restitution of Conjugal Rights Petition (RCR)

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Procedure

It's advisable to consult with a family lawyer who specializes in matrimonial cases. They will guide the applicant through the legal process and ensure that he/she fulfil all the necessary requirements.

Apply In-Person:

1. To File for Restitution of Conjugal Rights Petition (RCR), the applicant has to approach the respective state family court link

   Note: The applicant has to click on their respective state and select their district and click family court to find their nearby courts.

2. With the assistance of the lawyer, prepare the RCR petition.
3. The petition should include details such as the name and address of both spouses, the date and place of marriage, the reasons for seeking restitution of conjugal rights, and any supporting evidence.
4. Once the petition is prepared, it needs to be filed in the appropriate family court.
5. Make sure that the applicant has attached all the necessary documents that are mentioned in the “Required Documents” section of this page.
6. Then the applicant needs to pay the required court fees and provide multiple copies of the petition and supporting documents.
7. After filing the petition, the court will issue a notice to the other spouse, informing them about the petition.
8. The notice will specify the date of the first hearing. The other spouse has the opportunity to respond and present their side of the case.
9. The applicant needs to attend all court hearings as scheduled. During the hearings, both parties will present their arguments and evidence. The court may also attempt to reconcile the spouses through counselling or mediation.
10. After considering all the evidence and hearing both sides, the court will make a decision.
11. If the court is satisfied that there is no valid reason for the withdrawal of conjugal rights, it may pass an order for the restitution of conjugal rights.
12. If the court orders the restitution of conjugal rights, the other spouse will be legally obligated to comply with the court's decision. If they fail to do so, it may result in further legal consequences.
13. These courts normally convene three times over four months, with pauses of 20 days in between.

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Required Documents

• Address verification of petitioner’s identification
• Proof of marriage
• A photograph of the petitioner
• Any other document that validates the court’s jurisdiction.

Office Locations & Contacts

Supreme Court of India
The Registrar,
Supreme Court of India,
Tilak Marg, New Delhi-110001
E-mail: [email protected]
Phone: 011-23116400, 23116401, 23116402, 23116403
District Courts of India link - (Note: The applicant has to click on their respective state and select their district and click family court to find their nearby courts)

Eligibility

In India, both husbands and wives are eligible to file for a Restitution of Conjugal Rights (RCR) petition.

The eligibility criteria for filing an RCR petition are as follows:

• Marriage: The petitioner must be legally married to the respondent. The marriage can be solemnized under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954.
• Withdrawal of conjugal rights: The petitioner must be able to demonstrate that the other spouse has unjustifiably withdrawn from cohabitation and denied them conjugal rights without any reasonable cause.

Fees

• The applicant has to pay the prescribed fee as per the authority’s request.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

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Processing Time

• The entire process can be completed within 4- 6 months or as per the timeline advised by the respective department authority.

Related Videos

Videos explaining the procedure or to fill the applications.
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sevenload, viddler, vimeo, youku, youtube
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Instructions

• Applicants must complete the application form before submitting it. Incomplete applications will not be accepted.
• Applicants must provide genuine information while applying for this procedure.

Required Information

• Name of the applicant
• Address
• Email
• Telephone
• Date of birth
• Gender
• Details of marriage
• Details of children

Need for the Document

• Restitution of Conjugal Rights (RCR) is a legal remedy available under the Indian family law system, specifically under Section 9 of the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. It allows a married individual to file a petition in court seeking the restitution of conjugal rights.

Information which might help

• The concept of RCR is based on the principle that marriage entails the right to cohabitation and the fulfilment of conjugal obligations between spouses. When one spouse unjustifiably withdraws from the marriage and denies the other spouse their conjugal rights, the aggrieved spouse can approach the court for intervention.
• By filing an RCR petition, the petitioner requests the court to issue an order directing the other spouse to resume cohabitation and fulfil their marital obligations. The aim is to restore the relationship between the spouses and encourage reconciliation.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

• The Hindu Marriage Act, 1955 link
  
• Special Marriage Act, 1954 link

Others

The following are the main elements of Section 9 (restitution of conjugal rights) of the Hindu Marriage Act of 1955:

• Legal marriage between the parties is required
• One ought to stay out of someone else’s social circle
• Without a good reason, this withdrawal must be done
• The court will want proof to support the claim that the decree cannot be rejected for legal reasons.