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(Guest)

After rcr closed husband deserted again by spouse

Husband filed RCR petition and after 3rd court summon before experty If wife has returned to her matrimonial home on her own during the pendency of the RCR petition. However, if wife agree on court to join with Husband, the petition became infructious. 

Now the question arise if wife again left home within few month after RCR closed, desert husband & show cruelty again same as before --

What will be the remedy for Husband, can he file divorce immediate or need wait 1 year ?



Learning

 3 Replies

ANAMIKA VICHARE (LAWYER)     24 May 2014

If yr wife returns fine that is what you wanted.   But your anxiety I can understand taht if she again leaves home then what about RCR.   In this situation, if y r wife returns you tak her to the Court...File Compromise Pursis and get a Decree of Restitituon only and then if she does not stay then wait for a year and then file Divorce Petition onthe ground of cryelt desertion and s.13[1][1A]**    After getting decree if she stays for one montha nd then leaves...then it is your fate....Then wait for 2 yrs for Desertion ground

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Anjuru Chandra Sekhar (Advocate )     08 August 2014

Restitution of conjugal rights is a wider term in meaning than mere return of wife to matrimonial home.  The petition is still maintainable on the ground that wife has not been attending the household duties at home, she has not been cooperating for connubial intercourse etc.  Mere return of home by wife is like signing attendance register in office and sitting without attending to any work.  That is not restitution of conjugal rights.  All conjugal rights must be clearly defined and not fulfilling the corresponding duties related to such rights may also be allowed as a ground for maintaining the suit for Restitution of Conjugal rights, which mean that even if wife is at home, the RCR is maintainable.

Anjuru Chandra Sekhar (Advocate )     08 August 2014

However it is her right to refuse to cooperate for connubial intercourse, and the duty corresponding to that right is not to harrass the husband by mere physical presence at husband's house without surrendering her person to achieve a pecuniary or legal object, which she can always openly set up as a plea of defence in the petition for RCR as her demands to cooperate the husband in transforming the strained relationship into a working relationship.  She cannot be allowed to be present at husband's house merely for the sake of achieving some improper end which does not suit the requirements of a successful conjugal relationship. 


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