At the time of 3rd Court summon, wife appear in court through a lawyer and want time for contest RCR petition. In the meantime she have returned marital house. She is not file any case against me.
How will I get decree in my favour if wife contest RCR, she don't want to restore conjugal life, just return and pressure our family.
If RCR not close after 1 year then what to do ?
Anish Thakur 7018812737 (advocate) 06 May 2014
the aim and objective of sec 9 HMA is for constitution of conjugal rights and if she has returned to matrimonial home the suit got fluctus.iF YOU DNT WANT TO LIVE WITH HER YOU CAN FILE DIVORCE PETITION.
Adv k . mahesh (advocate) 06 May 2014
without her concern and without her will even if court orders RCR what is the benefit if both agree for RCR then there will be no problem if she also contests that she does not want to stay with you then court will not but give time to explain the reason
Solomon Raju (Advocate High Court of A.P.) 06 May 2014
This is the mistake many will commit without knowing the consequences..If you wanted divorce, you should have filed straight away divorce petition....you have filed restitution of conjugal rights and now she is at your home...Now if you file a divorce petition, it reveals your character to the court that you are playing with her and you want to harass her...Courts think in reversal manner...Now any how your petition no longer survives as she joined you and will be infructuous and will be dismissed soon. So, just wait for some period until she leaves leave you. Then you file for divorce on the ground that she is not interested and she left you this time....RCR is waste of time and even if you secure decree for RCR..no court can compel a man or woman for leading conjugal life with other spouse against their consent....Wait for some more time to file for divorce....
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