Conjugal rights and divorce case

Originally posted by : Sidharth
	The decree of restitution of conjugal rights can be enforced by the attachment of property, and if the party complained against still does not comply, the Court may also punish him or her for contempt of court. But under no circumstances the court can force the erring spouse to consummate marriage

Please pardon me honorable Mr. Sidharth, my view is slightly differ what you said above.

There is no execution of RCR to restore conjugality in jurisprudence, however, “Failure of restitution of conjugal right” is a valid ground of divorce.

In this case, I agree with Mrs Renuka and Mr. Helping Hand,

The quest / Petitioner should file petition of divorce Party-in-person on the said ground since there is no good advocate I have seen in my life and hiring them I never suggest.   

Please my profile for sample petitions and FAQs.

Sorry, I also need to do some correction on my above speech.

In this case the petitioner / the quest is male. I don’t recommend male to file divorce.

Please let your wife file divorce on the ground of “Failure of Restitution of Conjugal Rights” and you can file no-objection or you can simply let her get ex-parte order of divorce by not attending the court.  

@venkat

No doubt you can file divorce petition as suggested by other members on this forum.  My intention to advice you to  behind contempt of court and other cases is that divorce case is civil case it will be easy for your wife to hire lawyer and only ask for adjournment and not to come court herself .

So I advised you to file a criminal case also So she have to agree for MCDSorry

r can't talk personally 

I found profile of a lawyer, his advice are mostly good . I think you should send him PM

https://www.lawyersclubindia.com/profile.asp?member_id=213374

Hopit helps.  

https://www.lawyersclubindia.com/profile.asp?member_id=213374

@rocky smith.........why would you not recommend HUSBAND to file for divorce....request you to kindly elaborate. 

thanks

There are lot of reasons behind it, “Why I don’t recommend male to file divorce”  -

1. Contest divorce is tends to impossible in India.
2. Male are unnecessarily incurred on maintenance pendent lite which normally very high amount for MAT suits like – Divorce, RCR, Child Custody. 
3. Though Hindu Marriage Act (HMA) is gender equal law however, view of the court is biased. Example – awarding alimony under maintain pendent lite both income of spouses should be considered however only husband’s income are considered.
4. Special Marriage Act (SMA) is gender biased on alimony sections.
5. Indian judiciary repeatedly tells people to go for alternate dispute resolution such as - Mediation, counseling, compromise, divorce by mutual consent (u/s 13(b) of HMA or u/s 28 of SMA) etc, but even after the dispute is solved by mutual consent, litigants are screwed till death / HC / SC for 20-30 years.

From my aforesaid  views, I can see matrimonial laws and courts are intentionally made big disputed to harasses and extort innocent people and help to make money of corrupted/dishonest judges and advocates.

My personal opinion is, Please boycott these laws.

Please my profile for sample petitions and FAQs.

In this case respondent / wife may be in abroad, however, she can be represented by her counsel and can file maintenance pendent lite and other cases.

Originally posted by : Sidharth
	@venkat No doubt you can file divorce petition as suggested by other members on this forum.  My intention to advice you to  behind contempt of court and other cases is that divorce case is civil case it will be easy for your wife to hire lawyer and only ask for adjournment and not to come court herself . So I advised you to file a criminal case also So she have to agree for MCDSorry r can't talk personally    I found profile of a lawyer, his advice are mostly good . I think you should send him PM https://www.lawyersclubindia.com/profile.asp?member_id=213374   Hopit helps.     https://www.lawyersclubindia.com/profile.asp?member_id=213374

Honorable Mr. Sidharth,

MCD itself is a dispute solution as I mentioned above.

I know lot of dishonest legal expert’s advice people to file false cases to harassed OP to agree them for mutual consent/MCD,

I strongly oppose such concepts.

My opinion is,

Unless family laws and family court views are made gender equal and speedy disposable – please boycott them since the consequences of such incidents are itself unconstitutional hence insult to our Constitution of India.