kumar (private employee) 30 March 2009

how long do i wait

hi i gone through

https://www.ourkarnataka.com/Articles/law/conjugalrights.htm

document.. it saying that after we apply fo Restitution of Conjugal Rights

i have to wait for 1 year then i may get divorce..will i have wait for 1 year

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3 Replies

Prabhat Kumar (Advocate) 30 March 2009

I think you have miss understood the concept of restitution of conjunal rights. as per section 9 of HMA any of the partner of the marriage withdraw himself or herself from the society of other partner without any reasonable excuse then agreived person may file a petition for restitution of conjunal right and the court and the court may pass a decree in favour of the agreived person.

Now reply to your query- Section 13 (1A) (ii) only gives you a right to file a petition for the dessolution of marriage by a decree of divorce that the decree regarding restotution of conjunal rights have not been honoured for a period of 1 year after passing of the decree.

So, to avail this ground there has to be a decree of restitution of Conjunal rights first.

Ashey 31 March 2009

When a spouse lives separately from the other without any valid reason .. then application can be filed by a spouse in court for an order to live togather with the other , it is restitution of conjugal rights

(Guest)

If RCR, filed by hus, is passed in his favour, can wife file for DV after one year showing dishonouring of RCR decree as the only ground for DV? if yes, filing RCR seems giving the respondent a free ground for DV even if he/she has to wait 1yr after passing RCR. I also think that there will be no mandatory judicial separation of 1yr after filing DV petition, as in normal case, if it was filed 1yr after RCR passed bcoz there is already legally valid separation of 1yr due to RCR. So, i think to drag the case and not giving a free ground, its better not filing RCR.