Petition under Sec 32 of Divorce Act 1869 for restitution of conjugal rights
Ankarsh Rattan
(Querist) 28 March 2011
This query is : Resolved
I am Naresh and an employee of Punjab Govt. My marriage was solemnized as per Christian rites on 15 Oct 2008. I have one daughter aged 1 year 5 months. My wife left my home in June 2010 and took away my daughter with herself. She filed a complaint against me on Aug 2010 with SSP with regard to dowry and harassment. Then a compromise arrived on 28 Aug 2010 that we both file a Mutual consent Divorce Petition. But luckily 2 years separation period is necessary for the Mutual Consent Divorce in Divorce Act 1869. I filed a Petition under Sec 32 of Divorce Act 1869 for restitution of conjugal rights. Now the trial started on 28 April 2011. In reply my wife blames me due to one and other pretext nuisance ones that I am Characterless etc. Her parents are greedy of her salary because she is a Teacher in a School which was also due to my efforts and guidance after marriage. I do not want to give her a divorce for the sake of child and mine. I also filed a petition for Child Custody. Please advise me what steps I should take for further complications and suggest me solutions for my peaceful life.
M.Sheik Mohammed Ali
(Expert) 28 March 2011
you could not take under your custody in your child, the child 1 1/2 years only,you can face the trial.
Ankarsh Rattan
(Querist) 28 March 2011
Please advise me what steps I should take for further complications in RCR ?
Ankarsh Rattan
(Querist) 28 March 2011
and what type of documents I have to produce in court which shows that I am willing to live with her.
Devajyoti Barman
(Expert) 28 March 2011
If the wife does not wish to live with you anymore, the court can do nothing. So for making anything constructive you have to take out of court initiative.