Reg:restitution of conjugal rights convert to divorce case

ramasamy (Querist) 18 April 2008 This query is : Resolved
I am filed RCR in civil court sep 2006.my wife filed counter jan 2008.all the way i am approached to rejoin.but my wife and fatherin law not agree.shall i possible to covert this case into divorce thro amendment.if possible pls give me reference case judgementand copy.when i file new case again it will take more time to clear

Follow Query

Report Abuse

RAKHI BUDHIRAJA ADVOCATE (Expert) 19 April 2008
Yes, it is possible. You can file an application to amend the main petition under order-6, rule-17 CPC as the provision of CPC are applicable in matrimonial cases also. There is no need of autjority, it is a general law through which you can amend your petition from RCR to petition for divorce.

Manish Singh (Expert) 19 April 2008
Even after a period of one year from filing restitution of Con. rts., you can file a divorce petition on that ground.

ramasamy (Querist) 19 April 2008
any pls give me case reference no and copy of covert from RCR to DIVORCE

SANJAY DIXIT (Expert) 19 April 2008
In my views you can't amend your petition of Restitution of Conjugal Rights to the Divorce petition.
Restitution of Conjugal Rights and Divorce are the two cases opposite in nature.
For the amendment U/o 6 R 17 CPC it is clear that the nature of the case should not be changed.

ARVIND JAIN (Expert) 25 September 2008
YOU CAN WITHDRAW RCR AND FILE DIVORCE WITH MUTUAL CONSENT WITH AN APPLICATION FOR CONDONATION OF 6 MONTHS PERIOD.