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Is Restitution of conjugal rights given preference over a divorce case
29-Apr-2023 (In Family Law)
My husband has filed divorce petition on grounds of cruelty. For that i have filed Restitution of Conjugal rights. As he have mentioned about sms and even mentioned i have not reconciled to join him which is untrue. In that case will divorce petition be put on hold RCR conselling will be given? What will happen in first hearing? will they ask sms proof the first day itself.
The court will not ask about the SMS on the first day itself. It will ask your husband to only file the written statement at this stage. However, filing of RCR in itself is a proof of the fact that you don't want to separate from your husband.
The divorce proceedings and the RCR would go on simultaneously and each would be decided on its own merits
The divorce proceedings and the RCR would go on simultaneously and each would be decided on its own merits
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Adv. Samyak Raj
Delhi | 500+ Answers
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