Divorce can be filed without sending notice of restitution of conjugal rights?
Shweta Bagkar
(Querist) 05 February 2014
This query is : Resolved
My friend got married in May 2013 and her wife living separately since dec 2013. My friend is from middle class family and wife is rich. It was a love marriage. My friend told her about his financial condition but that time she had not any problem with him. After 3 months suddenly she changed her behaviour and asked him to take separate house to live and said that she doesnt want to live with her mother in law. But his condition is not such that he can afford any rental house or buy house. He said I can't do this now but we will try. Then she went to her matrimonial home and did not returned. My friend seek divorce from her as she always torture him that she will suicide. My question is that
1.can he file divorce petition without sending notice of restitution of conjugal rights.
2. Whether 1 year separation is necessary to file divorce??
3. or after 1 year of marriage he can file divorce petition?
ajay sethi
(Expert) 05 February 2014
he can file for divorce after 1 year of marriage ie in May 2014 .
for divorce by mutual consent one year separation is necessary ie it can be filed in December 2014 .
it is better that husband discuss issue with wife whether she wants an amicable dissolution of marriage . if she agrees go for divorce by mutual consent .
it is not necessary to send notice for RCR
Rajendra K Goyal
(Expert) 05 February 2014
1. Yes it can be filed without sending notice of RCR.
2. & 3. Agree with the expert ajay sethi ji.
Shweta Bagkar
(Querist) 05 February 2014
Thank you very much experts
Shweta Bagkar
(Querist) 05 February 2014
One more question
His Mother in law is harassing my friend saying that they will go to police and make false complaint of him ... can he go for anticipatory bail???
Shweta Bagkar
(Querist) 05 February 2014
One more question
His Mother in law is harassing my friend saying that they will go to police and make false complaint of him ... can he go for anticipatory bail???
ajay sethi
(Expert) 05 February 2014
since no FIR is registered no AB would be given by courts . thanks for your appreciation
Shweta Bagkar
(Querist) 05 February 2014
sorry sir for contradicting .. but I have read that FIR is not necessary to get AB
V R SHROFF
(Expert) 05 February 2014
discretion of Sessions judge + apprehension of arrest is absolutely necessary for ABA.
Issue notice for legal dispute is residence & MIL, no dowry, no cruelty..
welcome to be bk & reside
Shweta Bagkar
(Querist) 05 February 2014
Hi shroff sir I did not get your second point
Devajyoti Barman
(Expert) 05 February 2014
For filing divorce suit one need not send notice for restitution of conjugal rights.
In some states without registering of FIR, AB is not possible at all like in WB.
However in some states like Mumbai, Delhi notice bail possible even before registering of FIR.
Shweta Bagkar
(Querist) 06 February 2014
Thank you very much All experts
