Divorce notice

You must & should appear to the court when summons comes to you. You can give reply to the court in the form of written statement that you filed already for restitutional conjugal rights petition.

Hello sir

First of all the decree of restitution of conjugal rights is granted to avoid the divorce or to avail a milder path towards divorce. Hence it is important to take into consideration that restitution of conjugal rights is a paper decree and is not binding on either spouse. Therefore, to ensure execution, there is an attachment of the Respondent’s property to it, as per Order21 Rule 32 of the Code of Civil Procedure. If the respondent willfully neglects the decree than it can be enforced by attachment of his/her property. You need to wait for 1 year for enforcement of decree.

It is also important to notice that if the respondent have a genuine reason to not to obey the decree and proves the same, they are not obliged to live with the spouse.

Here we will assume that the respondent doesn't have a genuine reason to wave of the conjugal rights, and also is applying for divorce, since she is not accepting the decree and doesn't have a proper cause than this will directly affect her right to maintenance and custody. So this will definitely go into your favor.

Also if there is a chance of reconciliation between the spouses, either of them can opt for the remedy of judicial separation before filing for divorce. 

I hope this helps

Thank you

Settle the issues amicably either way (restitution of conjugal rights or divorce) seeking help of relatives/ elderly respected members of society / common friends etc.

You have already engaged an able, competent and intelligent lawyer, who is well aware about facts and circumstances of the case(s) what is his / her opinion and advise ? You should proceed accordingly without waiting / expecting miracle from experts on this platform on the basis of limited facts posted by you, except the fact it is available FREE OF COST.

Hi Sir,

Thank for your reply. I have tried speaking directly and through their relatives. They are very adamant and they are not listening to any elders or their relatives. My in-laws itself got split and living separately and they all are very isolated from others. My wife is not having any friends and she is not interacting with anyone other than their parents and brother. I will take my lawyers advise.

The facts suggest inconsistent approach. What exactly is your objective? Saving the marriage or divorce?

I have no option to save the marriage. Their parents should be advice her, but they are make use of this situation. My wife is money minded, that is main reason she left.

If she want divorce then make your mind. 

You can not avoid going to court for divorce case if both RCR and Divorce cases are in same court.