Rcr n subsequent divorce

1. It is right to say its too late madam, u have missed the bus. Hubby is entitled to divorce now.

Thanx Tajob, But what the law states? Any relevent judgments available?

1. See when you filed RCR the burden was on her to state satisfactorily to Court “refusal to stay away from husband for cohabitation and consortium”. Since she dindot prove it the Court granted Decree in your favour. Restitution decree is a peg on which to hang a divorce.

2. Now you are executing your decree but the matrimonial relationship has been terminated though marriage is subsisting. The marriage is in name only and not in substance. In law and not in fact.

3. Now at this stage if she says that "she wants to resume cohabitation and consortium with you" then the policy underlying the legislation is that it is not conducive to the public interest that men and women should remain bound together in permanence by the bonds of marriage the duties of which have long ceased to be observed by either party and the purposes of which have irremediably failed.


This is the law based on your facts.