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Restitution Of Conjugal Rights
13-Dec-2024 (In Divorce Law)
Hello sir/madam, my wife files divorce petition and court refers mediation process.during mediation I tried to convince her to live with me because of my daughter but she's not ready.can I file RCR to come back of her?
Dear client,
based on your question, it need a detail discussion to understand first why mediation failed, what's your wife want.
hope this advice help you.
for detail discussion feel free to contact.
Helpful?
At this stage it is not prudent to file a Suit for restitution -, instead you can resist the divorce case filed by her and try to see that she will not get it. by the way right now your daughter is living to with you or your wife ?
Helpful?
Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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Dear Sir,
You can file RCR under Section 9 of HMA Act but even after decree she may refused for various reasons then you have to file Divorce and claim child custody on such grounds. You will get privileged to get divorce and child custody if RCR petition is allowed in your favour. Please try for it.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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Hello Sir, If you wife filled the case divorce and you have daughter and she is not ready to come to her matrimonial home and not ready to leave with you then you can use your right and file case of RESTITUTION OF CONJUGAL RIGHT UNDER SECSON 9 of Hindu Marriage Act. And in case she is adamant to take separate from your and take divorce then it will help you in the time of court decide the amount of permanent alimony.
Helpful?
Adv. Babita
Bangalore / Bengaluru | 200+ Answers
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