Procedure to file petition for restitution of conjugal rights

What is meant by "without reasonable excuse"? My wife left to her parents place n welcomed me for one year n she suddenly stopped. I tried to find out the reason. I hit her finally getting irritated. She filed divorce, dowry n maintenance case. My lawyer says let's file restitution of conjugal rights? I m not interested since she cheated me in marriage n not welcoming me for past 2 years now. Will it be worth? Makes any sense in this case?

Answers (1)

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“Without reasonable excuse” is equivalent to the meaning of “without lawful ground. It connotes a degree of neglect, which is shown by an abstention from an obvious duty, attended by knowledge of the likely result of the abstention. However, failure to discharge or omission to discharge, every material obligation will not amount to willful neglect. Failure to fulfill basic marital obligations, such as denial of company or denial of marital intercourse, or denial to prove maintenance will amount to willful neglect.

Desertion is a continuing offence. This character and quality of desertion makes it possible to bring the state of desertion to an end by some act or conduct on the part of deserting spouse. It may be emphasized that the state of desertion may be put to an end not merely before the statutory period has run out, but also at any time, before the presentation of the petition.

what is the advantage of RCR petition?

1. if your wife does not rejoin you in compliance of decree of RC R you can file for divorce after period of 1 year
2. it would reduce maintenance or end maintenance in one aspects - The onus of proving that she has no rhyme and reason is going to be far difficult than proving that her allegations are not sufficient.

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