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sra11 (emp)     14 March 2014

Can restitution of conjugal rights be converted to divorce?


I got married in 2010, and after spending 3weeks my wife left me. After waiting a year, in 2012 I filed a Restitution of Conjugal rights(RCR) case against her, immediately after receiving the notice she filed 498A case and and left to USA.
In 2013 I won the 498A case. Still RCR case is running and she is not appearing to the case and her mother is appearing as GPA, at present I lost hopes on her.

Even today my in-laws are demanding 25 lacs to give divorce.

Is there a way this RCR will be converted to Divorce case? do we have any judgements? The family court is not agreeing to convert RCR to divorce.

I am asking this, as the court doesn't have any timelines, they will drag the case for any number of years. Again filing fresh case to get Divorce may at least 1 year.

Your inputs are highly appreciable. Thank you.


 6 Replies

Kapil Gupta (Advocate)     14 March 2014

Dear brother, don't worry. The court takes cognizance of such cases very vigilantly because during last some years, the cases against husbands are being filed falsely to get the alimony. Your case is going in the right direction. If they don't appear in the court, it'll help you to prove thag you are right and the divorce can be sanctioned ex-parte and you might not give even a penny to your wife as alimony. Keep your eyes on the case and follow the instructions of you legal advisor/Advocate. Thank you. Kapil Gupta Advocate.

M.Sheik Mohammed Ali (advocate)     14 March 2014

well advised by Kapil gupta, the sra should follow the advise.

sra11 (emp)     14 March 2014

May I know is there any chance the "Restitution of Conjugal Rights" case can be converted as "Divorce", as I do not want to waste time to again file a fresh case?

If any such case or direction was given by any court, could you please me know the details?

Thanks for your inputs.

Gautam Kapoor (IT professional Studying Law)     15 March 2014

@sra - what stage is your RCR. Have they filed vakalatnama/counter ? How many months elapsed.
 Were there any speaking order passed ?
  First get the RCR in your favour. You already have a plus point 498a , later use the RCR and 498a in your favour  for divorce.

Don't be in a hurry. The process takes time. You waited so long, keep calm.


sra11 (emp)     16 March 2014

RCR status is at Evidence stage, no counselling has happend till now. she may attend the case next date for the purpose of MONEY. what steps i need to take as I do not have any hopes that she will continue the marital life?

Adv. Neha ( )     16 March 2014

@ Author, Better let her say that she dont want to live with you as you mentioned in your above post. Not attending the court proceeding, you will get the ex-parte order in your favour.

Adv. Neha

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