restitution of conjugal rights

c roshanara bee (Querist) 13 October 2010 This query is : Resolved
petitioner get positive degree on the restitution of conjugal rights. the respondent denies to join with petitioner for joint living. in such case if petitioner wishes to apply for diverse what is the limitation period.
c roshanara
advocate
chittoor
email: roshanaracheruvu@gmail.com

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Adv Archana Deshmukh (Expert) 13 October 2010
Petition for divorce can be filed after one year from the date of RCR decree.

Kirti Kar Tripathi (Expert) 13 October 2010
my sister archana is correct.

ashish lal (Expert) 13 October 2010
Advocate Archana is correct.

G. ARAVINTHAN (Expert) 13 October 2010
You can bring the horse to pond and cannot make it drink water.

RCR is like that. Court may order. But no possibility to execute the order.

Then what is the remedy. Since the wife is not coming to live even after order of court, it amounts to Cruelty.

Divorce can be filed after one year on the ground cruelty and desertion

adv. rajeev ( rajoo ) (Expert) 14 October 2010
RCR is not execuatable order. You can file divorce petition at any time.

s.subramanian (Expert) 14 October 2010
I agree.

Rajeev kulshreshtha (Expert) 14 October 2010
I also agree.

pawan sharma (Expert) 14 October 2010
i do agree with experts.

Sarvesh Kumar Sharma Advocate (Expert) 14 October 2010
denie of sec-9 is a hidden part of sec - 13

Uma parameswaran (Expert) 14 October 2010
I am also agreeing the above views.

Khaleel Ahmed Mohammed (Expert) 20 October 2010
Restitution of Conjugal Rights is different from Divorce. Divorce petition can be filed at any time by both parties with mutual understanding or either party.

Devajyoti Barman (Expert) 24 October 2010
I agree bu before 1 year the divorce petition can not be filed.

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