Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ashishvidyarthi (engineer)     02 December 2013

How to deny parental divorce jurisdiction to wife

Esteemed experts kindly help me in following query,in the scenario given below:

 

Husband wins RCR at matrimonial place and there is no cohabitation even after one year of passing of decree,despite several letters written by husband with requests to wife to join him (several such registered letters were returned by wife).

Is there any case law which  unambiguously holds that divorce on grounds of no cohabitation for one year after passing of  RCR decree cannot be filed by wife at parental place( in the context given), as the consequential relief that flows from a  substantial relief of RCR decree can be prayed for only in court granting the  substantial relief of RCR decree.,notwithstanding 2003 amendment of section19?

Can this be done without invoking section 23.1a?

Pl help with relevant case laws

regards ASHISH



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 December 2013

Dear Querist

for case laws you should search through google, advocatekhoj.com, indiankanoon.con, manupatra, judis.nic.in or contact a lawyer personally.

ashoksrivastava (scientist)     06 December 2013

Originally posted by : ashishvidyarthi

Esteemed experts kindly help me in following query,in the scenario given below:

 

Husband wins RCR at matrimonial place and there is no cohabitation even after one year of passing of decree,despite several letters written by husband with requests to wife to join him (several such registered letters were returned by wife).

Is there any case law which  unambiguously holds that divorce on grounds of no cohabitation for one year after passing of  RCR decree cannot be filed by wife at parental place( in the context given), as the consequential relief that flows from a  substantial relief of RCR decree can be prayed for only in court granting the  substantial relief of RCR decree.,notwithstanding 2003 amendment of section19?

Can this be done without invoking section 23.1a?

Pl help with relevant case laws

regards ASHISH

 @ ASHISH sec 9 decree is a "judgement in  rem" as provided under sec 41 of evidence act and is binding against the whole world..This decree has taken away the right of your wife to reside any where except matrimonial  home, till the decree is recorded as satisfied under sec 47 cpc. .

She cannot file any case ( divorce or dv or even crpc125) at any place other than matrimonial place( in the context given by you) without satisfying the decree as stated above.

you may refer to following judgements https://indiankanoon.org/doc/700979/ and https://indiankanoon.org/doc/1162687/

regards ASHOK

ashishvidyarthi (engineer)     14 December 2013

Thanks a lot Ashok sir, you have been a great help for me so many times.One last question ,in case she files divorce case at her parental place despite RCR decree Am I bound to reply to the notice or can I ignore it all together? If she abuses judicial process why should I join her in the abuse?

warm regards ASHISH


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