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How can she file a petition under restitution of conjugal rights?
15-Feb-2025 (In Divorce Law)
Husband filed a petition for divorce in his place of residence and wife doesn't want to give divorce. Can she file a petition under restitution of conjugal rights at the place where she is living (in another district) without applying for the TROP in another district?
hi yes she can file the petition in court seeking restitution of conjugal rights in court where she lives and that she might file petition to transfer the case otherwise you could file the petition to transfer the case
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Adv. Baddam Aravind Reddy
Secunderabad | 1000+ Answers
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Yes, the wife can file a Restitution of Conjugal Rights (RCR) petition under Section 9 of the Hindu Marriage Act, 1955 in the family court of her current place of residence without needing to apply for Transfer of Petition (TROP) in another district.
As per Section 19 of the Hindu Marriage Act, a matrimonial petition can be filed:
1. Where the marriage took place
2. Where the husband or wife currently resides
3. Where the couple last resided together
Since she is residing in another district, she has a legal right to file the RCR petition there. If her husband objects, he will need to apply for a transfer, not her.
Additionally, she can:
Contest the divorce petition in his district and file objections.
Seek maintenance under Section 125 CrPC in her place of residence.
If facing cruelty, file a domestic violence case in her district.
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Adv. Mrudhula Jahnavi
Serilingampally | 200+ Answers
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Yes u can file conjugal rights from another district . You have right to file RCR from ur district in family court, if he agree ur problem if not then u can take further steps to file other cases to bring ur husband back to.
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Adv. Gunturu Satya Sridevi
Hyderabad | 50+ Answers
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