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Gajender Singh (ca)     05 January 2011


what is the meaning of this ?


2) Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce.


 5 Replies

Ghajini (SSE)     05 January 2011

It means whatever the respondent replies and states the reasons of refraining himself/herself from marital obligations; shud be valid reasons which could be the reasons for divorce or judicial separation or nullify of marriage, In a nutshell one cannot/should not give unreasonable excuses. Example 1) I dont love my husband/wife so I dont want to live with him/her ;)

2) I dont want to live with him because he does not spends time with me.

3) I dont want to live wih her because she does not cook for my parents.

Gajender Singh (ca)     06 January 2011

ok, pls correct me if i am wrong,

it means if i apply for rcr then my spouse should revert back with reasons which must be a ground for legal separation, divorce or nullity so that she cant live separate by keeping the relation on. Means either she should join me or give me divorce, legal separation or nullify the marriage.

Ghajini (SSE)     06 January 2011

It does not mean that EITHER she has to join u OR give divorce or whatever. 

If you file RCR , your wife can give N number of excuses, but stupid excuses which are not of serious nature, court will discard off, only valid reasons of serious nature would be considered. Further such excuses needs to be proved, just saying is not enough, IF court does not find any reasonable excuse you will win RCR.

Even after winning court can't force ur wife to join u. After all it depends on 2 person no court can force husband or wife to live together, but winning RCR will help u a lot in getting divorce if ur wife is adamant on not coming back at all.

Gajender Singh (ca)     06 January 2011

thanks a lot,

please also help what will be the outcome if rcr goes in favour of wife.

Ghajini (SSE)     06 January 2011

If you file RCR to get wife back, and wife wins it then u r in trouble my friend :), u will be held responsible for breakup of marriage 

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