My husband has applied divorce and sent two times legal notice to my old house address.
How to face this tough situation. Can anyone assist me on how to solve this issue?
Can i apply "Restitution of Conjugal rights" now?
Please help!
queenofmyworld (HR) 02 December 2012
My husband has applied divorce and sent two times legal notice to my old house address.
How to face this tough situation. Can anyone assist me on how to solve this issue?
Can i apply "Restitution of Conjugal rights" now?
Please help!
Sanjeev (Lawyer) 02 December 2012
why has he applied for Divorce and why are you not living with him.
Tajobsindia (Senior Partner ) 02 December 2012
1. Yes you can file RCR (restitution of conjugal rights) only if you think by getting decree out of RCR he will re-join you. As no Law can bind two un-willing couple to live together. It becomes a paper decree and only two advantage you have out of such decree (in RCR); one you can attach his salary / property as remedy under its Execution and secondly if after passing decree in RCR he does not re-join then you can proceed for divorce. This option cost money towards legal fees.
2. Other option is to resist divorce by appearing with your own lawyer in his divorce suit matter. The result will be if he is not able to prove grounds that he took to seek divorce then his petition will one day get dismissed. But then Court still cannot bind him to live with you. In this option less legal fees you tend to end up spending.
3. In either option court send parties to mediation and if matters gets solved in court initiated mediation then well and good.
Weigh above two options which suit you now as best course.
rajesh (asdadad) 02 December 2012
Tajobsindia (Senior Partner ) 05 January 2013
@ Rajesh
Suggested to move your query from this thread and post afresh in forum, someone will attend to your query before us.