RCR AND DIVORCE CASE

Unless she agrees, you can't.

It all depends on evidence of both parties, the court will decide to allow your RCR petition or her divorce petition. And by the way even if there is a mistake of wrongly mentioning section 13 of HMA rather section 27 of SMA that by itself will not get her petition dismissed, amendment can always be done under Order 6 Rule 17 CPC to remove wrong mention of section and Act in divorce petition.

Allowing the petition of RCR is something and directing a person to live with their spouse is something else.      No court can compel a person to live with their spouse.

What, then, is the use of a Petition for Restitution of Conjugal Rights?       If a spouse denies to live with their person for no valid grounds, they'll lose their right for maintenance.

If my replies are not according to law or are of a preaching nature, criticism is always welcome.      I'll be able to develop my knowledge.

But ironic comments are not supposed to be passed for showing off.

I am married to a girl and our married was solemnised and performed on 12.03. 2013 before the District Sub Registrar -cum- Marriage Officer according to Under section 13 of the Special Marriage Act, 1954. It is a love marriage. And thereafter, We went to West Bengal for our Honeymoon and after that we used to go in tour programme, with the relatives of her time to time, in different places. it is relevant to mention here that at the time of said marriage she was a student and preparing for competitive examination by staying at West Bengal and after marriage, I allowed her to continue her study at there and used to bear her all expenses and lastly, she completed her study in the year of 2015 and returned back in her house at same locality. Now my wife filed a Title (Divorce) Suit At Family Court and her allegations are :- (1. That the petitioner and respondant are husband and wife and their marriage was performed on 11/12/2012 at Registry office under HMA 1955 and after the marriage both the parties has never lived together as husband and wife since 05 years. 2. The marriage was not solemnized according to the rituals and traditions of Hindu family, it is only a registry marriage under Hindu Marriage Act 1955 and neither they performed honeymoon or nor any cohabitation since the date of registry marriage. 3. That since the petitioner is the sole daughter and heir of the parents and the respondent is indulging and blackmailing and threatening of expose of their private photographs on the facebook of 42 spectram. It is totally false to say. 4. Blackmailing by me through mobile communication. 5. Heavy monitory demand by me from her father. 6. That registry marriage is also doubtful and she was not presented before the district registering authority. 7. Cause of action arose on 11/12/2012 when the marriage of the both the parties were performed, It also arose on several occasions and lastly on 30/09/2017 when the respondent has last given marriage on the face book.) . . . It is relevant to mention here that I deposited a lumpsum amount of 7,70,000/- (Rupees Seven Lakh Seventy Thousand) in several dates in the account of my wife S.B.I. account number through Internet Banking from my PNB account and she without consent and knowledge of me withdrew the entire amount from her account. It is also relevant to mention here that I also used to deposit money in the account of my wife during staying in her father�s house and she had withdrawn the entire amount during the staying in her father�s house. I having no other alternative sent a registered notice through my lawyer to her and her father ON 1ST WEEK OF DEC 2017 and thereafter She and her father sent reply letter through his Advocate, which was received in the first week of January, 2018, with false allegations. It is also relevant to mention here that in the meantime I also receives a summon on 20/12/2017, from court bearing Title (Divorce) Suit and I appeared before this court on 23/01/2018. That now the she is under fully clutch of her parents and relatives and the intension of her and her parents and other relatives is only to exploit money from me. It is relevant to mention here that cousin of her also took a sum of 5,00,000/- (Rupees Five Lakh) from me in several dated as loan in the month of January, March, June and October of 2017, but with very regret to say that he also refused to return back the said loan amount to me on my demand and till date the said dues amount is lying with him. That as a matter of fact she has filed the present suit with the ill advice and instigation of her parents and relatives with a view to extort illegal money from me. Sir/Madam I am young and am always ready to keep her in my house and maintain with proper respect and dignity according to her social status as my wife and I am still waiting for my wife, in this regard i have filed a suit for Restitution of Conjugal Right Under section 22 of the Special Marriage Act, 1954 against her before the Family Court ON 05 FEB 2018 which is still pending on court. I have been suffering mental agony and facing great difficulties in absence of my wife and she being my legally married wife, has no right or reason or ground to leave me alone. kindly suggest me how can I do? Please help me.