What is RCR Restitution of conjugal right? how will it affect at 498A

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                                             Concepts and case studies

Filing for RCR is NOT just a legal process. It is a strategy

Let us say you file for RCR thinking that the RCR will give you legal
advantages

RCR before the enemy acts

However the benefit of an RCR WILL diminish if it is filed AFTER wife files 498A Many courts would look at that as a counter action / reaction and NOT a genuine case

 Let us say you file for RCR thinking that the RCR will give you legal advantages

What are the advantages of filing RCR?

Filing RCR produces a legal document that you both are staying separately. Gives an advantage to you in case you are looking for anticipatory bail for 498A. Legally proving to the court that she and only she was the cause of the marriage breaking  by deserting you and not you!! You get a leverage in maintenance & alimony, since you are ready to take care of her needs  and necessities but she doesn't want to join you. It proves the wife has not looked into the benefit of the child by deserting and breaking  the family for her whims and fancies.

The above point will in turn give you advantage in child custody.

                                        SUPPRESSION OF MATERIAL FACTS

RCR / Divorce which you filed against wife.  This fact was deliberately and willfully suppressed by wife in her DV application.  Does it not constitute 'suppression of material facts?' Suppression of material facts in an application shall reject the petition

Suppression of fact material to her case will always weaken her case.  During trial, while cross examining her, this fact may be brought to light and establish before the court that she intentionally concealed the fact of pending case before the court in order to attract sympathy of the court misusing the the provisions of law by approaching the court with tainted hands.  You can prevail upon her on this issue which may lead you to get the DV case dismissed.  Discuss with your lawyer and proceed accordingly.

In her 125 maintenance case, as well as maintenance issue in DV case, you can very well challenge them by quoting that your have filed RCR and are always ready to take her back and maintain her properly as per wish but it is she who has voluntarily abandoned her matrimonial home and now come out with false maintenance cases, hence she is not eligible for any maintenance amount.  Are you fighting your case as party in person? or have you engaged an advocate?, if so, why don't you consult all these issues with him?