Conjugal rights in divorce cases

Just withdraw both appeals in High Court and file fresh case for divorce on the ground on non-consumation of conjugal relationship between both of you after the order/decree of RCR in  May, 2012 i.e. even after 3 years. This time your fresh divorce case will get approved on this ground even though the RCR was exparte decree obtained by your wife.

Respected Renuka Madam\ Vijay Sir , 

Thanks a lot for your replies , 

it took 4 years for me in the lower court , the learned judge completely ignored the cross examination of the respondent .

1. The learned judge ignored some photographs of my wife which I have submitted , the pics indicates she is having nice time in abroad.

2. She admitted in the cross examination , she  cannot put any evidences , to proof that I informed my husband regarding her abroad trip.

3. My concern here is the judgement is aganist the principle of natuaral justice , hence I came for high court  and filed an appeal.

4. if I file a fresh divorce case again in the same court , I dont know how much it will take , So please advice me how I can proceed with high court .

5. I completely lost faith in lower courts , because I sumbitted her employment proof and pics in Norway , both were marked but didnot consider while delivering te order , the learned judge no where in the entire judgement touch the point that the respondent staying in abroad.

Thanks .

Respected Renuka Madam, 

I have already proved in the family court that there was no cohibitation happend after the decree of conjugal rights , even though its an exparte decree it has to be executed with in one year , but instead of executing the decree she left for abroad , So the learned judge completely ignored this concept of non execution of conjugal rights, he has written in the order copy , when the decree of conjugal rights is in force I can not grant divorce , 

1. Set a side the conjugal rights is mandotory even the execution period of 1 year lapsed

2. can I file a set a side petetion in the lower court regarding this 

please advise me 

Thanks 

Venkat

Respected Renuka Madam ,

 I have filed the divorce petition first in the year 2011 , than she filed RCR in 2012 , its not like I need to file the divorce petition after completetion of execution period of 1 year of RCR.

can I have your number so that I can explain in detail

Regards,

Venkat 

You have been well advised by both of us and you do not understand it. The fresh divorce case on the ground of non-consummation of conjugal relationship for more than 3 years can be filled by you once again there is no bar to it, why you argue unnecessarily here with us. You have no trust in subordinate Family Court and if you think High Court will grant you decree of divorce on your appeal matter than its your biggest mistake, it the trail Family Court that will only decide the divorce case. I'm a practicing advocate in all such matters & know what and how to handle the cases therefore advised you to withdraw the pending appeals in High Court and do as I told you.

You have been advised by both Mrs Renuka and Mr Mahajan.  You simply dont have any knowledge about law and how it works.  File for divorce now at Family Court as RCR did not comply due to so and so reasons which you already know.  You get divorce without spending 1 ruppee.

Withdraw all cases and file divorce on grouns:HMA13(1A)(ii)

Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground— that there has been no restitution of conjugal rights as between the parties to the marriage for a period of  one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

Im in agreement with the suggestions provided above

Respected Renuka/Vijay,

I agreed ur point but my concern here is 

1. if the RCR is in force and when the respondent got the decree of RCR in May 2012 why the lower court allow my divorce petition and continue the proceedings in divorce petiton till 2015 .

2. When the respondent got the RCR decree why she is appearing in divorce case instead of executing the RCR decree, even though its an exprte decree a decree is always a decree, hence the lower court laid down the law as per my openion .

Regrads,

Venkat Karra,

9989718208.

Respected Renuka/Vijay,

I agreed ur point but my concern here is 

1. if the RCR is in force and when the respondent got the decree of RCR in May 2012 why the lower court allow my divorce petition and continue the proceedings in divorce petiton till 2015 .

2. When the respondent got the RCR decree why she is appearing in divorce case instead of executing the RCR decree, even though its an exprte decree a decree is always a decree, hence the lower court laid down the law as per my openion .

Regrads,

Venkat Karra,

9989718208.

Rightly said by renuka madam....

most of the problems in matrimonial dispute is created by incompetent lawyers,Many of the lawyers even dont know how to serve summons to opponent.....

Respected Renuka Madam , 

Thanks a lot for your valuable support , 

If I file a fresh divorce case again I need to send the summons to my wife , after sending summons  reconsilation , cross examination all these formalities will be there .I am afraid for this entire process it will take some time , already I have spent 4 years in lower court . 

please advice me 

Thanks , 

Venkat