RCR is useless 

It takes  years to be disposed of 

further wife has already filed dowry harassment case against you 

even if you file RCR she may take defence that she has left you because you harassed her for dowry 

Filing of RCR is a wastage of time and money and RCR is not helpful as neither law nor court can force your wife to live with you.  On filing of RCR also your wife can ask for maintenance and alimony. RCR would not give any ptotection from 498 A etc which is a seperate and distinct proceeding. So it is appropriate to file divorce case. You can minimise the effect on other family members by taking few precautionary steps. Go strategically. If required consult with detail. 

Dear Client,

Maintenance: Filing for RCR may not necessarily help you avoid maintenance payments. Maintenance can be sought separately by your wife under the appropriate provisions of the law. The court may still award maintenance to her based on her needs and your financial capacity, even if you file for RCR.

Quashing of 498A FIR: The fact that the 498A FIR against you and your family is stayed by the High Court indicates that you are already in a legal process. Hence RCR may not have any positive impact to avoid maintenance.

Child Custody: Since you have a child, the court's primary concern will be the welfare of the child. Filing for RCR may not necessarily influence child custody or maintenance decisions. These issues are typically decided separately and based on the child's best interests.

- As per law, if wife is not living with her husband without any sufficient cause ,then she cannot claim maintenance from her husband.

- Hence, if she refused to accompany you after passing the RCR case order ,then legally she cannot get maintenance 

- However, as your petition for quashing the FIR is pending before the High Court, then the FIR may be quashed on the ground of settlement, and hence you should not file the RCR. 

You cannot be forced to settle with wife 

you can argue your case on merits 

- Filing of RCR may be considered as settlement on your behalf 

- If her FIR is based on false allegations , then how you are interest to continue matrimonial life with her , and hence it may effect the proceeding of quash petition. 

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Restitution of Conjugal Rights (RCR) is a legal remedy that allows a spouse to seek the court’s intervention to restore the marital relationship when the other spouse has withdrawn from the society of the other without any reasonable cause. It is available under Section 9 of the Hindu Marriage Act, 1955, which applies to Hindus, Buddhists, Jains, and Sikhs. The purpose of RCR is to preserve the marriage as far as possible and to prevent the breakdown of the matrimonial bond.

However, filing an RCR does not automatically prevent or reduce the maintenance or alimony that may be claimed by the other spouse. Maintenance or alimony is a financial support that is granted by the court to a spouse who does not have adequate means to take care of his or her basic needs after divorce or judicial separation. It can be awarded as a lump sum amount or as a monthly or periodic payment. The amount and duration of maintenance or alimony depend on various factors, such as the income and property of both parties, the conduct and circumstances of the case, the social status and lifestyle of both parties, the age and health condition of both parties, the duration of marriage, and the expenses for education and upbringing of the child or children.

Therefore, even if you file an RCR and obtain a decree in your favor, your wife may still file a claim for maintenance or alimony against you if she can prove that she has no sufficient means to maintain herself and that you have neglected or refused to maintain her. The court will then decide whether to grant her claim or not based on the facts and evidence of the case. Filing an RCR may not necessarily put you in a safer position, as it may also invite counterclaims from your wife, such as cruelty, desertion, adultery, etc., which may affect your chances of getting a favorable outcome.

Moreover, filing an RCR may also have implications for your pending 498A FIR case. Section 498A of the Indian Penal Code (IPC) deals with cruelty done to a married woman by her husband or his relatives for dowry or other unlawful demands. It is a non-bailable and cognizable offence that carries a punishment of up to three years imprisonment and fine. If your wife has filed a 498A FIR against you and your family, and you have challenged it in the High Court by filing a quashing petition, then filing an RCR may create a contradiction in your stand. The High Court may think that you are willing to compromise with your wife and live with her, which may weaken your case for quashing. On the other hand, if you are not willing to compromise and live with her, then filing an RCR may be seen as a pressure tactic or a harassment measure by the court, which may also go against you.

Hence, before filing an RCR, you should carefully consider the pros and cons of your decision and consult a qualified lawyer who can advise you on the best course of action for your case. You should also keep in mind that filing an RCR does not guarantee that your wife will come back to you or that your marriage will be saved. It is ultimately up to her whether she wants to resume cohabitation with you or not. If she does not comply with the RCR decree within one year, then you may file for divorce on the ground of non-restoration of conjugal rights. However, divorce is not an easy process and it may involve a lot of emotional and financial stress for both parties and their child.

The RCR petition will not protect your interests and it will not come to your rescue to avoid paying maintenance to her in case she files a petition seeking maintenance.

There is no use of filing the proposed RCR case because it will not solve any purpose  hence it will be just a wast of time, money and energy.

If you are fed up of her and do not want her back into your life again, you can better file a divorce case directly, it will be more meaningful.

The FIR quash will not depend on the RCR case or the divorce case, it will be considered on its own merits. 

The FIR quash petition will be decided on merits, in fact the high court will not entertain the FIR quash as the investigation has not been completed and the charge sheet has not been filed yet.

Therefore the very idea of filing the FIR quash petition itself is not a good advise. 

You do not have to be worried even if the FIR is not quashed, because the high court will not quash the FIR until and unless she is expressing No Objection by an affidavit before the high court and that will happen only if you settle the huge demand of money as settlement to her in order to compromise the issue.This is not possible because you are not willing to settle any amount to her, hence you may not rely upon the ongoing quash petition, better challenge the false case on merits before high court after the police is filing the charge sheet.

Dear Client,

If you do not wish to settle with your wife, then you should not file the RCR. The RCR is a document that is filed by the accused person in the criminal case, requesting the court to withdraw the case. If you file the RCR, it will be seen as an indication that you are willing to settle with your wife, and the High Court may be more likely to quash the FIR on the ground of settlement.

However, if you do not file the RCR, and the High Court does not quash the FIR on the basis of merits, then the case will continue. In this case, you may be required to attend court hearings and give evidence.

Ultimately, the decision of whether or not to settle with your wife and file the RCR is up to you. You should weigh the pros and cons of each option and decide what is best for you.

The strength of your case on merits. If you believe that you have a strong case on merits, then you may be able to get the FIR quashed without having to settle.

You can file the same but maintenance can’t be avoided by RCR petition as to stay with you or not court can’t compel her