Civil Procedure Code (CPC)

Conjugal rights

Dear Leaned Members

My friend and his family appear before the Court for DV case filed by his wife. Hon'ble Justice forwarded the case to Lok Adhalat to an amicable solution. Both My friend (only my friend not his family) and his wife (alongwith her sister, sister;s husband, mother) appeared before Lok Adhalat. She alleged a lot on him and his family like., he is not attending the phone, his brother is in govt. service, his family threatened her and a lot more. Also her sister try to interfere and alledged on him during the consultation. Understanding the fact from my friendside Judges asked to live together amicably or take the chance for divorce. Finally, she got no other go and agreed to live together with my friend where he lived now separately in his work place. Then she demanded one week time to go to live and refused to come from there. Then An order passed like that and petition closed before the Hon'ble Justices of Lok Adhalat.

Now the doubt was

1. Whether they are in need to attend the first hering of the case (DV case). Because the petition already closed.

2. My friend already file a case under conjugal rights. Can he close the case with the order passed on the Lok Adhalat at his wife's hometown.

3. If she is not interested indeed to live together heartedly and try to postponed the day to live together, like that ("I will come with my parents (she lived with her parents in her sister's house)/will come an auspicious day/ not well") what will do ?

4. Her petition was now closed, is there any chances to file again and added his family again as respondants. It is learnt that Cases closed in Lok Adhalat will not entitled to appeal.

Pls reply your valuable suggestions.

Thank you dear learned Members and friends..

Lawyer at Supreme Court of India



If your friend wants to save the marraige, then he can ask her to join him and then RCR and DV gets closed.


But if your friend honestly don't want to continue the relationship, then its always better to go for divorce by way of mutual consent, becasue these cases are life long with no results in the end.


Warm Regards

Kapil Chandna Advocate



legal advisor

You got to now face the dv case in the court



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