Restitution & divorce

In the year 2008, I filed a case of restitutuon of conjufgal right U/S-9. My wife is contesting the case tactfully. She is lingering the case by various means like adjournments, maintenance, enhancement of maintenance & execution of maintenances e.t.c. Althoight she highly qualified & is professor fo a national institute, she receives regular maothly maintenances for herself & for our children from me since 2012. I am frustrated about the court proceedings & want to get divorce. Retitutuon of conjugal right & divorce cases are mutually contradictory. Is there any legal provision to convet this restitution of conjugal right case into a divorce case ? Or, do I need to withdraw the retitution case first & file fresh petition of divoerce? 


Dear querist,


You can withdraw RCR and file divorce case separately.



Deepak Joshi & Associates

Mb/whatsapp +919456777600

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