How take divorce if conjugal rights are not restored

A very frustrating social situation you have trapped yourself into once she returned to cohabit under Order of RCR.

1.    Above observation being material, I suggest now build your case on ‘mental cruelties ground’ and place a suit petition before jurisdiction court once matured enough. This you may do only if all other social efforts and enough time given to wife is shown to fail.

2.    Well, it could also be resonably advised that before you embark on above advice you need social evidences such as discussion of ‘non-restoration’ of conjugality post a RCR Decree with elders in family and even creating info. to current spouse about expression of such interest by word or by using various medias or by even ability in a bedroom. These compilations should be called as your witness (produced) and once proved that the couples post RCR did not restore ‘conjugality’ that becomes material fact outcome under ‘mental cruelties’ and a Decree under mental cruelties to husband is granted as s*x is integral part of maintain an healthy marital conjugal relationships is what Courts have often said to society.

3.    However all these are very tricky and sensitive challenge matters. Suppose she upon receiving this fresh suit petition from you turns back and says in Court ‘I did restore conjugality with him and all his alleged statements are said to be false’, then how you are going to prove under probability theory in Civil Family law suit matter what is happening within closed walls of your bedroom is actual fact and not what she files as rejoinder!

4.    Well there are ways out to prove those too, first proceed on compiling (creating) reliable witnesses that indeed now-a-days ‘conjugality as s*x between husband and wife’ are not regular features of social cohabitation between them.

5.    Then meet as in-Chamber with a seasoned Advocate and make a tenable brief and present to Civil Court to serve upon wife alleged to be cohabiting under same roof a Notice and carry forward from there pace by pace.

6.    Mentioning here what could be end of all these legal efforts now is too immature an advice to short brief like these is my view hence follow above advice first.

7.    Lastly I feel you are experienced enough now to understand how interim maintenance or for that matter permanent alimony stuff in Family Court works out to be. The reason being you have already tasted RCR route once and now to turn back and say it was just admission stage and she poped back will all be too stunned a response for me from you. Hence as a way out I suggest you to read here discussion on how maintenance works out when two spouse meet in Court under Divorce or RCR or similar case Law scenarios and gain just knowledge on asked last question.

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