Seeking divorce simultaneously with restitution of conjugal rights
07-May-2023 (In Divorce Law)
Sir
I had filed restitution of conjugal rights in the yr 2018. In all the dates wife didn't appear excep one date on the dt final order was ABT to got issue and time if next dt(before receiving exparte order) she file to supreme court for transfer of petition and proceedings of family court were stayed on feb'2020. Since lockdwn was in plc no proceedings were conducted and entire yr was gone.ow as proceedings of supreme court for fresh admission of interculatory application are nt heard it is further delayed.
Please let me knw can I file divorce simultaneously as the proceedings are stayed also I dnt wnt to live with wife as she is nt interested in our marriage but in public she is giving reason that she want to return. Also I had tried having conversations for mutual divorce but calls weren't answered. Can I send mutual divorce notice keeping the current case in SC pending. On what grounds I can apply for divorce as I m nt in contact with wife over 3-4 yrs including lockdwn.
Well, you should send her a Notice to seek Mutual Divorce. If she agrees, well and good, if not, then you have to contest your matter in Court to seek Divorce. Yes, you guys can seek Mutual Divorce by withdrawing all your pending cases including that in SC.
You can not file for divorce by keeping the present case of restitution of conjugal rights going in court. You may withdraw that case from court and then file case for divorce. Concerned court may allow you to withdraw the case even though transfer petition is pending in supreme court and your withdrawal of case make that transfer petition meaningless.
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