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Restitution of conjugal rights is stayed in supreme court by defendant
29-Apr-2023 (In Divorce Law)
Sir
My brother had filed restitution of conjugal rights in family court and in the process he got to know that his wife is not interested in returning and just passing court's time so he intended to convert the same in divorce case after the exxparte order of this case but before the order his wife filed with supreme court for transfer of this petition in Feb 2020 and due to the pandemic the hearing is delayed for entire year. Is there any way out to get the divorce urgently and his wife's family is nt intending to send his wife and also nt ready to give mutual divorce. Till when we can hear from supreme court? Is this transfer petition liable for hearing in current situation? How soon can my brother get free from the toxic people legally.
supreme court is working you must appoint a good lawyet so that the transfer petitionya be heard as soon as possible as u havealready got an exparte order in the case of restutution of conjugal rights and your divorce case is pending so that order can come asfast as possible
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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As you said that your brother filed petition for restitution of conjugal rights and his wife filed for transfer of that petition in supreme court, my suggestion is that your brother can withdraw the existing petition of restitution of conjugal rights from court and file new petition for contested divorce in the same Court on the available grounds for divorce to him and since in the pandemic time matter are heard through video conferencing, your brother can contest the transfer petition of his wife if she files it again in supreme court for the transfer of his divorce petition.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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Hello there! Due to covid situation Courts are not dealing with the cases which are not so urgent. Even urgent interim applications are not going to dealt with till 7th of May. You will have to wait for some period as situation outside is too worst and there is lot of risk for Advocates too.
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Adv. Shweta Joshi
Pune | 100+ Answers
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Hello ,
if rcr is filled in supreme court then that matter should continue as an by way proceedings of law under section
Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution.
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Adv. Ashwini Deshmukh Salunkhe
Thane | 200+ Answers
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