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(Guest)

Can my husband divorced me without my consent

Husband get RCR exparte to his favor, I have rejoin to my own. No conjugal relationship developed between us during last 6 months. At this situation -

can my husband divorced me without my consent to showing the reason "that there has been no restitution of conjugal rights as between us during 1 year" ?



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 9 Replies

Prasad (Systems Engineer)     29 August 2014

Of course, YES. Then what is the respect for his RCR? If you don't give consent, your husband will submit contested divorce to get rid of you.

(Guest)

Marriage is all about adjustment.  You both not able to adjust in bed also, what point in staying married?


Forget RCR blah blah blah, when you yourselves as husband and wife are not able to see eye to eye, what can any court do.  Finally one day divorce will be granted for sure.


Its always better to part ways in gentlemanly manner than to fight and partways .like roadside beggars.  And always remember this thing, nobody can force your husband to stay with you.   No court has that kind of power.  

 

Some lawyers may suggest, sign here, I will get your husband back and file false cases on your husband, but mind you, doing like that will make unsolvable differences between you which will only further widen the gap between you ppl.


So good luck, roaming to courts :-))


(Guest)

Other experts advice are also welcome .

Damayanti (Unemployed)     29 August 2014

Incomprehensible query. But still let me try.

 

ex-parte RCR decree.

 

Thereafter wife rejoined with husband. RCR decree is complied with. period.

 

Thereafter no conjugal relationship developed even though wife and husband sharing the residence etc.

 

Court can't compel the parties any further.

 

Husband can not use RCR decree after 1 year. RCR decree is already complied/executed by way of rejoining by wife. period.

fighting back (exec)     29 August 2014

  1. rightly advised by helping hand......nothing more can bee added. 

 

 

Husband get RCR exparte to his favor, I have rejoin to my own. No conjugal relationship developed between us during last 6 months. At this situation -

you seem to be in two minds, you rejoin on your own, and then you say no conjugal relationship developed, and husband had filed RCR, so you seem to be the culprit, you join him and on top of that you deny conjugal relationship. then why did you join him in the first place.?


can my husband divorced me without my consent to showing the reason "that there has been no restitution of conjugal rights as between us during 1 year" ?

why shouldnt he divorce you, you are trying to play around with his life and yours too....you seem to be nuts. running in courts to sleep in bed with the partner!!! what a big joke....the court cant push the other spouse into the bed of the other...................

so if you have decided to empty your pockets to the lawyers then all the very best..........


(Guest)

Please help me  with your sufficient advice.


(Guest)

What is the exact legal meaning of RCR, it mean only that :-

rejoining with husband place or not only rejoining but also conjugal relationship with husband ?


(Guest)

Originally posted by : Mayouri Question: Please help me with your sufficient advice.

What is the exact legal meaning of RCR, it mean only that :-

 

rejoining with husband place or not only rejoining but also conjugal relationship with husband ?

 

Ans: RCR is legal way of asking spouse to join back, yes for having s*x and leading  happy marital life.  Here it is needed to be noted that the court after looking into evidences may pass such order in favor of the petitioner, but cannot enforce such on the respondent.  IE, if your husband has got the order of RCR in his favor, then court cannot force you to join your husband, force you to have s*x with him.  It is a toothless tiger, based on which divorce application can be filed stating the same cause as reason for asking divorce.


It appears that you have seriously messed up with each others brains [read as ego]. If you both have repented and/or if you alone have repented for the mistakes you have done while being together, then its appropriate that you contact your husband directly and not through a lawyer. It will be a difficult thing to do, as his ego wont permit him to talk to you at all.

All this needs convincing talks. Any problem can be solved just by means of peaceful and calm talks. Do not involve parents or elders, as they usually tend to take sides and wont be neutral in approaching the problem. Do the approaching stuff alone as you have still not filed any 498a, DV, 125 etc, this will work in your favor. Dont be rigid in your approach. Stop the blame game, as it wont take you anywhere further than the dry well.

 

Thats the only way you can avoid getting divorced. If your husband has any terms and conditions, agree to it. Have faith in your husband, and more importantly yourself. Cut out the ego from yourself. Thats how a married life is built. Forget past fights and differences. Love, laugh, live life !

Samir N (General Queries) (Business)     29 August 2014

Lets look at this from a purely legal perspective... Lets forget about who is right and wrong or what is just or unjust.  When a Court orders Restoration of Conjugal Rights, its an Order but unlike other Orders, you cannot be held in contempt of Court for not having s*x with your husband. That should be obvious.  Moreover, its difficult to legally prove one way or the other, about having s*x with your husband, provided you have at least moved in with him, which I believe you have.


Fast forward... Months or years pass by, you have not had physical relationship with him. He gets frustrated. He files for divorce. You want divorce too? Great. Consent to getting a mutual Consent Divorce and you are out of the Court system, provided the two of you work on the terms&conditions of the divorce (alimony amount is usually the big hurdle). You don't want divorce? Contest it. He will make all kinds of allegations and you will of course deny them. Both of you will be stuck in the court system for a long time. With appeals, even longer... 6 or 7 years would be the average.


Now lets talk about Ex Parte. That will be, if you ignore the Court proceedings and do not attend and have a very convincing reason for not attending. Then the Court's decision is unpredictable. 


From a practical perspective, most of the advice given by others above is reasonably logical.


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