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Risk and advantage of filing a divorce after withdrawing conjugal righ
21-Dec-2023 (In Family Law)
I have the following cases going on.
1. Conjugal rights filed by me, running from morethan 2 years. Status is interim application argument ongoing on maintanence and salary certificate of my wife.
2. Contempt of court order filed by me against wife for not following order by court of visitation rights.
3. Quashing of FIR against dowry case in high court.
4. Domestic violence case filed by my wife against me. The status is cross verification of my wife going on.
Now I want to know what are advantages and risks if I file a divorce case against my wife as she is not ready to live with me along withy parents ( she told during mediation) and she is earning more than my double salary.
Dear Sir,
You may withdraw case of RCR and immediately file divorce case on the grounds of cruelty and desertion...Her conduct before the Court and mediation goes to show that she is not ready to join you and your parents. The Supreme Court says that husband is entitled for divorce if wife refusing to leave with parents-in-law...You need not give any alimony to her and also raise issue in respect of her arogancy of violating visitation rights..
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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Respected
As you already informed that Restitution of conjugal right is pending. So you need to withdrew the same first with a reason that , there is no chance of settlement.
You can proceed with divorce on the ground of saparataion, mental tourture by filig false complaint etc.
But withdraw the RCR first. Then move further
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Adv. M Lakshmikanth Arya
Bangalore / Bengaluru | 700+ Answers
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Since you have filed the Petition for Restitution of Conjugal Rights, you have the liberty to withdraw it and file a Petition for Divorce as the former cannot be pending while you file for Divorce. Since she has filed all these cases against you, you can use those as grounds for divorce. My advice, if you are not interested in the marriage, is to file for Divorce and have all the matters referred to the Mediation Centre and attempt at a settlement for all 3 cases + Divorce case.
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