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chandermohan (proprieter)     03 January 2013

Need urgent advice

Dear Sir / Madam,

                              I had filled pettion of SEction 9C on 5th May 2012. Our reconcilation failed and Judge gave orders that now case will be fought on merrits. After that we filled list of our wittneses and the same copy was supplied to the opposite counsel. On the date their lawyer approched me and told that they want to sit outside court and have a family meeting were both the advocates will be present and the same was conveyed to the Judge also. During our family meeting things could not be materialised as ultirior motive of my wife is that i should apart from my Widow mother and take a separate house for which i had always refused and the same was conveyed to me by her lawyer and at that time also i refused. Now it is more than 1 year that my wife is living at her parents house. simontaniously two more cases are running one filled by my wife 125 CPC for maintance and second filled by me for custody of my 15 month old Daughter as my wife and my inlaws dont allow to meet my Daughter. In her replication to my petition of sectin 9c she had charged me that i had asked for dowry and use to tourture her and she has life threat to her and our daughter from me. Now i want to withdraw my RCR petition and tell her that i want divorce   will it help any way and by withdrawing the case will it have any negative effect.

Waiting for your kind advice


Thanks& Regards


 1 Replies

Rajesh Kulkarni (Advocate)     03 January 2013



Hi Chander,


Never go for withdrawal of Restitution of Conjugal Rights petition because any how your wife may not return back to you and the same will be observed by Hon’ble Court.


Her refusal will pay her in her maintenance petition, because refusing to rejoin infers that she has appropriate funding from her parents and to talk of about alleged harassment by you on her all these will become concocted.


As per your Custody petition, may be custody of your child to you is not possible at this juncture rather seek for visiting rights to which Court generally allows in passing such order.



Rajesh Kulkarni

Advocate, Hyderabad


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