Nikhil Samant 24 September 2015

Sir, plz. help me

Sir, My wife has filed Petition for Restitution of Conjugal Rights U/s 9 of Hindu Marriage Act, 1955 by providing false statements against me in the Petition. we are separated since 1 year. Reason for separation is She doesn't allow me to touch her body. She uses abusive languages with parents & because of many factors. Since I don't have any proof of above points & visiting court first time , I am little bit afraid. I have few doubts which I would like to clear it from experts which are as follows 1) What will happen if I don't go for court hearing ? 2) Since I don't have any physical property, will court allow any decree against me ? ( Property is in the name of Parents ) 3) should I go for MCD or file a case against cruelty ? I want divorce from her, plz. help me.

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5 Replies

advocatepassy@gmail.com 971794 (Advocate) 24 September 2015

First she was not allowing you to touch her body, now she wants you back as husband. It means she has now learnt her lesson. For MCD, both of you will have to agree for mutual divorce. Go and enjoy your marital life

advocatepassy@gmail.com 971794 (Advocate) 24 September 2015

saravanan s (legal advisor) 24 September 2015

if you dont contest her rcr case she will be given exparte decree.

the property you posess will be taken into account only when she had filed crpc 125 for deciding maintenance

if she is willing to divorce you then you can opt for mcd because both your consent is needed for divorce.or else you need to go for contested divorce only

Nikhil Samant 25 September 2015

Sir, no physical property belong to me. The residential house wherein I am living belongs to my Father. Only Shares & some bank deposits are in my name. However this I haven't disclosed to anybody. Will this shares & deposits taken into consideration in exparte decree ? Will she have any rights with my father's property ?

saravanan s (legal advisor) 25 September 2015

exparte rcr doesnt got to do anything with the property you or your father posess.if you are given a exparte rcr in your wife favour then it means that you must cohabit with her and that must be done within a year.if you doesnt also the court cant force you to cohabit with her against your wish nor can punish you for that reason.only thing is she can claim divorce on the ground that cohabitation doesnt happen within a year of getting rcr decree in her favour