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Filling restitution case if divorce case is being heard simultaneously
25-Jul-2023 (In Divorce Law)
Respected sir/mam, I want to seek advice for marrital case. My husband filled restitution of conjugal rights case in 2011. During pendency of that case my husband filled divorce case. He remained absent for restitution case. The restitution case dismissed. The divorce judgement was against me because I was not able to produce evidences from US court. I appealed on the divorce case in district court. The appeal was allowed and the case is remanded back to lower court for more evidences and all new writing statement and other documents. Then my husband filled appeal on that case in high court. It's just started in high court and mediation is going on. My question is that can I file restitution case in the family court now.
Respected madam. On what ground the court gave the judgement of divorce case against u. That ground is nessecary ingradiant to advice u. If ur hasband file an application under 9 then what stand u take all thouse ingradiants r necessary. In my opinion u can file the application of 9 restitution of congugal rights. But engage a good advocate.
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Adv. Bipin Agrawal
Mumbai | 100+ Answers
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You can fill restitution of conjugal rights in family court if you are living with the municipal corporation area. If you are ready to go your matrimonial house then no need of filling restitution case, do one thing your matter is in high court mediation in the mediation you tell to mediator that you are ready to live with your husband and for further details contact a lawyer.
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Adv. Kushal Govind Kabra
Aurangabad, Maharashtra | 100+ Answers
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Dear client, from your all description it shows that you both are trying to save the marriage, but ego between both of you is troubling both of you . Now after increase in age of both of you by seven years very rare chances remarry, hence best to keep this marriage. Only continuation of marriage is the best plead for you.
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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