Sirs,
I filed divorce (2008) under Special Marriages Act and it was dismissed last year in October 2014. Wife had filed RCR petition under Section 27 in The Special Marriage Act, 1954 which went in her favor (filed in 2008). Now it has been almost a year since the order (order passed in october 2013 for RCR and divorce petition dismissed on same date as both cases were clubbed) has been passed and respondent wife did not go for execution proceedings under RCR. However in the court under section 125 crpc where she has claimed permanent alimony their lawyer asked whether I will take wife back for which I said no (I am suffering from kidney failure and medical documents have been submitted). The matter of 125 crpc is yet to be decided.
Now my question is, since RCR petition went in her favor, and since 1 year has already passed, and wife has not gone for execution proceedings under RCR,
1. Can I approach the same court for divorce again, as purpose of RCR order has not been served?
2. What is the meaning of this “Section 27 in The Special Marriage Act, 1954.. Section 7 subsection (ii) 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. ”
What importance would it hold in my case?
How can I use it in my favor?
