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Regarding Restitution of Conjugal rights

(Querist) 03 July 2018 This query is : Open 
Respected Madam/Sir
I have filled for Restitution of Conjugal rights under section 22 of Special marriage act 1954.My wife is not responding to it.I want to know can the non compliance of this rcr petition or order become a ground for her to appeal for divorce or judicial separation?I want to know if She can apply for divorce or judicial separation after one year of the rcr decree and she is not willing to join with me
Asgher Mahdi (Expert) 03 July 2018
Non Compliance to RCR order, the court may take actions and order to cohabit with the spouse. Generally, RCR on certain false complaint of dowry if obtain before the lodging of Dowry complaint may help to get bail against NBW. However, this may be ground for obtaining Divorce.
Vijay Raj Mahajan (Expert) 03 July 2018
Yes she can apply for divorce on the ground that there has been no resumption of conjugal relationships between both parties even after 1 year of grant of decree of RCR, this valid ground for divorce open to both parties.
Prasanjeet Das (Querist) 03 July 2018
Respected Sir
How can divorce be avoided if she fails to cohabit for one year after passing of the decree?
Prasanjeet Das (Querist) 03 July 2018
And can I withdraw the rcr petition filled by me before it executes an order or exparte?
Prasanjeet Das (Querist) 03 July 2018
Respected Sir I am little bit confused.How can she take advantage of her own wrong?I had filled rcr.She didn't eager to come and have cohabitation for no reasons.How can she take advantage of her own wrong?Is simply stating that there has been no rcr between us shall grant decree of divorce to her?please kindly explain.Actually I want to avoid the divorce
Prasanjeet Das (Querist) 03 July 2018
Respected Sir I am little bit confused.How can she take advantage of her own wrong?I had filled rcr.She didn't eager to come and have cohabitation for no reasons.How can she take advantage of her own wrong?Is simply stating that there has been no rcr between us shall grant decree of divorce to her?please kindly explain.Actually I want to avoid the divorce
Guest (Expert) 03 July 2018
You cant avoid divorce when RCR case is filed. You find someone else. That is how the Law of divorce is structured.
Ms.Usha Kapoor (Expert) 04 July 2018
Agree with Vijay Raj Mahajan.in legal lANGUAGE MARRIAGE HAS IRRETRIEVABLY BROKEN DOWN.in such circumstnces Divorce is the only way out.
Ms.Usha Kapoor (Expert) 04 July 2018
I stick to my above view and vijay RAJ mAHAJAN'S.
Prasanjeet Das (Querist) 04 July 2018
Respected Madam and Sir
Actually before my filling RCR petition she had filled a null and void petition mentioning that I have taken her sign cunningly.She was unknwn abt the marriage.we mixed cold drinks and all in her drink and taken her to the court.etc etc etc which is going on in Family court.In the mean time now she is messaging me and we both have contacts now.She left my house prior to 3 days of our marriage was solemnised in front of marriage officer.I dont want to divorce her.she accepts the marriage in her messages.I want to knw that what are the merits of rcr petition filed by me and the null and void petition filled by my wife?shall the rcr petition help me in contesting the null and void petition?or she will take advantage of the rcr and simply let it exparte and after null and void dismissed,she can apply for divorce?please please please its a kind request to all the revered experts to guide me for the same....
Prasanjeet Das (Querist) 04 July 2018
Shall I withdraw the rcr petition and simply contest the null and void filled by her to avoid divorce or let the both petitions go.?please guide
Ms.Usha Kapoor (Expert) 05 July 2018
I agree with Vijay Raj Mahajan
P. Venu (Expert) 05 July 2018
It appears that you are posting the facts selectively. Please post the complete facts.
Prasanjeet Das (Querist) 10 July 2018
Respected P.Venu sir
I had married a girl under special marriage act 1954 on October 2013.But after the marriage the girl told that she will convince her parents and come back to my house and the marriage will b held socially.any way she was connected to me comming to my house and relationship continued till June 2017.But we did'nt stayed together since the initiall days.suddenly she came and asked me for divorce.Now last month she has filled for the marriage to b null and void under section 25 of Special marriage act.The grounds she has filled in the petition is totally false.She has written that me and my mother mix something in cold drinks and take her sign cunningly.She was not in love with me and treated me as friend.She also mentioned that she was not knowing about the marriage occured earlier and only came to know when i showed her the certificate on last 27th June 2017.This is completely false allegations.The circumstances are different.She also mentioned that she was unaware of my qualification.so this marriage should be null and void.I want to knw the authentication of this petition and shall the court pass null and void order after 4 years of marriage registration?She also mentioned there we did'nt live together and have no physical relationship.I had filled a Restitution to conjugal rights petition too.can she take advantage of rcr petition filled by me if her Null and void petition get dismissed?I don't want to give her a chance to file divorce through my RCR petition.So I m now thinking to withdraw my RCR petition and contest the null and void petition filled by her in merits.I also want to know that shall withdraw of my RCR petition put adverse effect and support her case to be strong?please please please it's a kind request to all the revered experts to answer my query as my advocate I think my advocate is missguiding me and putting me into dilemma.
Prasanjeet Das (Querist) 10 July 2018
Respected P.Venu sir
I had married a girl under special marriage act 1954 on October 2013.But after the marriage the girl told that she will convince her parents and come back to my house and the marriage will b held socially.any way she was connected to me comming to my house and relationship continued till June 2017.But we did'nt stayed together since the initiall days.suddenly she came and asked me for divorce.Now last month she has filled for the marriage to b null and void under section 25 of Special marriage act.The grounds she has filled in the petition is totally false.She has written that me and my mother mix something in cold drinks and take her sign cunningly.She was not in love with me and treated me as friend.She also mentioned that she was not knowing about the marriage occured earlier and only came to know when i showed her the certificate on last 27th June 2017.This is completely false allegations.The circumstances are different.She also mentioned that she was unaware of my qualification.so this marriage should be null and void.I want to knw the authentication of this petition and shall the court pass null and void order after 4 years of marriage registration?She also mentioned there we did'nt live together and have no physical relationship.I had filled a Restitution to conjugal rights petition too.can she take advantage of rcr petition filled by me if her Null and void petition get dismissed?I don't want to give her a chance to file divorce through my RCR petition.So I m now thinking to withdraw my RCR petition and contest the null and void petition filled by her in merits.I also want to know that shall withdraw of my RCR petition put adverse effect and support her case to be strong?please please please it's a kind request to all the revered experts to answer my query as my advocate I think my advocate is missguiding me and putting me into dilemma.
Prasanjeet Das (Querist) 10 July 2018
Respected P.Venu sir & revered experts
I had married a girl under special marriage act 1954 on October 2013.But after the marriage the girl told that she will convince her parents and come back to my house and the marriage will b held socially.any way she was connected to me comming to my house and relationship continued till June 2017.But we did'nt stayed together since the initiall days.suddenly she came and asked me for divorce.Now last month she has filled for the marriage to b null and void under section 25 of Special marriage act.The grounds she has filled in the petition is totally false.She has written that me and my mother mix something in cold drinks and take her sign cunningly.She was not in love with me and treated me as friend.She also mentioned that she was not knowing about the marriage occured earlier and only came to know when i showed her the certificate on last 27th June 2017.This is completely false allegations.The circumstances are different.She also mentioned that she was unaware of my qualification.so this marriage should be null and void.I want to knw the authentication of this petition and shall the court pass null and void order after 4 years of marriage registration?She also mentioned there we did'nt live together and have no physical relationship.I had filled a Restitution to conjugal rights petition too.can she take advantage of rcr petition filled by me if her Null and void petition get dismissed?I don't want to give her a chance to file divorce through my RCR petition.So I m now thinking to withdraw my RCR petition and contest the null and void petition filled by her in merits.I also want to know that shall withdraw of my RCR petition put adverse effect and support her case to be strong?please please please it's a kind request to all the revered experts to answer my query as my advocate I think my advocate is missguiding me and putting me into dilemma.
Guest (Expert) 20 July 2018
Your case is over before it started. You withdraw RCR, she will get the marriage declared null and void. You let your RCR case move, eventually she can file divorce whether you lose RCR or win RCR and get divorced.

This is self goal/hit wicket by yourself. How you got stuck in this situation is easily guessable.

Your marriage is non-existent, dont drag matter too long. You find someone else and marry. This time properly not like psat one.


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