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Siva (Lead)     14 May 2015

Requesting for restitution of conjugal rights

Wife requested Restitution of Conjugal Rights for the divorce filled by husband.. Later hustband withdrawn divorce for future fo the children.. but unable to run the family happily and pieacefully.. So Husband decided filling the divorce case in the location of last lived together.

but this time, The wife filled DV and property partition case to get property of ancesstor to her children instead of requesting  Restitution of Conjugal Rights.

So Wife many not request for Restitution of Conjugal Rights second time? Any limit to request?.

Can husband's divorce will be stronger, if he shows DV and partiion against husband added evidance. ?

Since husband filled divorce case second time, It will not be considered serious? and will it take long time to get it divorce?



Learning

 2 Replies

bsrao   14 May 2015

Yes. All these proceedings are time consuming when contested. RCR option is always available to the spouse. Better settle out of the court as she is also ready to part.

saravanan s (legal advisor)     14 May 2015

since you had filed divorce second time after withdrawing your earlier petition you might be needed to clarify that you withdrew the earlier petition for the welfare of the family but now your wife had caused irrepairable damage to the relationship

the dv case is a seperate case and you need to fight it on merits but the decree might influence the divorce case


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