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queenofmyworld (HR)     02 December 2012

How to avoid divorce

My husband has applied divorce and sent two times legal notice to my old house address.

How to face this tough situation. Can anyone assist me on how to solve this issue?

Can i apply "Restitution of Conjugal rights" now?

Please help!


 4 Replies

Sanjeev (Lawyer)     02 December 2012

why has he applied for Divorce and why are you not living with him. 

Tajobsindia (Senior Partner )     02 December 2012

1. Yes you can file RCR (restitution of conjugal rights) only if you think by getting decree out of RCR he will re-join you. As no Law can bind two un-willing couple to live together. It becomes a paper decree and only two advantage  you have out of such decree (in RCR); one you can attach his salary / property as remedy under its Execution and secondly if after passing decree in RCR he does not re-join then you can proceed for divorce. This option cost money towards legal fees.
2. Other option is to resist divorce by appearing with your own lawyer in his divorce suit matter. The result will be if he is not able to prove grounds that he took to seek divorce then his petition will one day get dismissed. But then Court still cannot bind him to live with you. In this option less legal fees you tend to end up spending.
3. In either option court send parties to mediation and if matters gets solved in court initiated mediation then well and good.

Weigh above two options which suit you now as best course.

1 Like

rajesh (asdadad)     02 December 2012

my wife/ my arrogant FIL ON SUGGESTION of his money minded lawyer frnd has applied for divorce, even tho my wife has never said a thing abt divorce neither i need it . . Thr r only normal wear n tear problems in our life bt i dnt want any1 , nt my parents or her parents or any court to solve them . .bt my FIL wants it and he is threatening me wid fake cases if i dnt agree for MCD bt for tht he want some money n 35 gm gold presented by us during marriage . . Thr was no dowry taken by us nor i was ever in favor of that. . Neither i m an alcoholic , wife beater or involved in any kinda extra marital affairs . . I m an IT ENGR wid 25k salary n my highly career oriented wife is a chemical engr wid 15k salary. . We dnt hv a kid infact she aborted it while i always opposed. . Separation is 6 months . .wheneva i try to contact my wife , she disconnects my ph and dnt reply SMS . . Got married on 18 june 2011. . . My lawyer askin me to divorce her instead of wastin time n money . I hv had sent a lawyer notice askin her to come bk bt her dad sent a lawyer notice refuting my points and askin for divorce if i send another notice . . So i kept quiet bt he filed a divorce petition citin reason of mine notice . . . My question is cn i still file for RCR ? Plz reply me urgently

Tajobsindia (Senior Partner )     05 January 2013

@ Rajesh

Suggested to move your query from this thread and post afresh in forum, someone will attend to your query before us.


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