sun shine (edu) 31 May 2010

restitution of conjugal rights

Mine is a love marriage. i have no parents. currently iI live in Orissa in my brother;s house.

i left my matrimonail house in Gujarat affter 8 months of marriage due to mental and physical cruelty.

After returning, my husband refused to accept my phone calls when on second thoughts,i wanted to return to his house. That was one year ago.

So i filed a case for maintainance in Orissa family court In February 2010

Now my husband has filed a restitution of conjugal rights in Gujarat.

After how many hearingslater will he get the order for restituion of conjugal rights if the case has been filed in May 2010?

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2 Replies

mahantesh shigli (advocate) 31 May 2010

hello ma'm you have stated as to your husband has filed petition....any way it all depends on your appearance on service of notice and cotesting the matter.... if not mattert will be decided ex-p[arte ..if you are intersted better u join him there ends matter..... honestly spaeking better ironout your diiffernce of openion....let there be a smm\ooth sailing in best interest of your future......call me if u want ,,09980443116

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Guest (Guest) 31 May 2010

His intention of filing RCR is two fold. First, he wants to avoid maintenance by alleging that you wilfully without having sufficient reason left the matrimonial home. Next, if he obtains RCR decree by ex-parte, he would move the family court after one year seeking divorce on the ground of non-compliance of RCR decree.

You try to patch up the quarrels. And you have to contest RCR also (where mediation gives scope for patch up) and should not allow him to get decree in his favour, which may ultimately pave way for divorce decree.

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