is it compulsory to set aside the restitution of conjuga rights??
I have filed divorce petetion in 2011 nov , later my wife filed restitution of conjugal rights in Feb 2012
she got an exparte decree in the year 2012 May , after that in the year 2013 september she left for abroad
till date she is staying in abroad . I got the judgement in lower court in the year 2015 april.
The learned family court judge dismiss my divorce petetion as I did not set a side the conjugal rights decree
I filed a memo to regarding conjugal rights as its not binding on me , the rcr decree was an exparte decree.
as per my knowledge
1) the valididty of RCR decree is for 1 year after 1976 ammoenments
2) leaving abroad with out executing the RCR is a fault from her side
3) she adimitted in the cross examination that she left the country with out executing the RCR neither informing the husband
nor court .
I filed an appeal in the hourable high court as a party-in-person, when I meet some advocates they said
i have to file two appeals one for RCR and one for divorce petetion , but I filed only one appeal for my divorce
petetion .
In my view RCR valids for only one year , after that its an independent groud to get the divorce , please advice me
Thanks
