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Krishna Murthy TR (Officer )     12 September 2011

Jurisdiction for application of conjugal rights

If I have to apply for conjugal rights asking my wife (presently working and residing at her parents house at Coimbatore District of Tamil Nadu State) to come and stay with me at my present work and temporary residing place (i.e., Jammu and Kashmir), will it be correct as far as Jammu Family Court  jurisdiction is concerned or is it so that I have to apply for the conjugal rights only at my permanent address i.e., Coimbatore (Coimbatore Family Court).  Please advise legally because if I apply for conjugal rights at the Honble Family Court of Jammu and if she fails to respond to that and also fails to join the matrimonial home at Jammu and Kashmir, it may be legally possible for me to seek divorce as a fresh cause of action.  



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 1 Replies

Adv. Chandrasekhar (Advocate)     13 September 2011

You can file RCR petition at the place where the marriage was solemnized or where the parties lived together or where the respondent (wife) is living.

In RCR, if you get favarouable order and if it is not complied by the wife after your filing execution petition, you can ask for divorce on that ground, one year after the passing of RCR decree.

Whether you should file RCR or not, please refer to Mr. Shonee Kapoor's article on that subject in criminal law forum and come to a proper decision.

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