• Response to restitution of conjugal rights - Hindu

after wife filed a false police complaint and deserted me wilfully.. i filed a divorce petition..

now after two years of seperation ex-wife has filed for Restitution of conjugal rights and maintenance 

My query is.. can this petition be legally admitted by the court.. ?

also for my response to wifes restitution petition, do i have to respond to frivolous allegations or can i simply quote grounds for dismissal/denial of relief as per Hindu marriage act..

I ask as she has filed a false police complaint, lied to court and remained absent from divorce hearings for over 11 months. 
IS it required to respond to her long crazy allegations in RCR ?
Asked 5 years ago in Family Law
Religion: Hindu

13 answers received in 1 day.

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14 Answers

1) you have to deny all allegations made in RCR

2)wife can file RCR and court would pass orders after considering evidence led by both parties

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

The two different suit will go proceeding separately,A decree of restitution of conjugal right implies that if you guilty then ordered to live with your wife.Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. Your wife can file a petition for restoration of their rights to cohabit with you. But the execution of the decree of restitution of conjugal rights is very difficult. The court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any law. The non-compliance of the issued decree results to constructive destruction on the part of the erring spouse., then she can move a petition for a decree of divorce after one year from the date of the passing of the decree and the competent court can pass a decree of divorce against as you desire So, you need not appear in suit of Restitution of Conjugal Right. You can go ahead to your divorce suit.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

There is no time limit to file suit for RCR and hence it s maintainable.

If you have received the summons of this case you will have to appear in the case and file your written statement.

If you do not file your written statement the court may fix the suit for ex parte hearing.

In your WS you can highlight the falsity and frivolity of her statements.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

Yes as per court protocol you have to reply to her petitions made by way of written objections.if you do not submit such costs may be imposed upon you and further ex parte orders may be passed.

Morefully, if you can prove that the allegations she has put through are completely false, court may guide you to divorce because such false allegations tantamounts to cruelty.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hi

Is your divorce petition decided, means is she actually your EX- WIFE, if yes then RCR cannot be admitted. If divorce petition is still pending then RCR can be exercised.

Yes respond to the RCR and clear your facts in reply.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hi, You have to contest the Restitution petition other wise Court will pass ex-party order and proceed further and the court will presume that all the allegation of your wife is true. So you have to contest the case on merits.

Pradeep Bharathipura
Advocate, Bangalore
5454 Answers
311 Consultations

4.5 on 5.0

Yes it can be admitted.

Preliminary objection will be your grounds for dismissal and then you will have to accord para wise reply.

Yes it is required that youbreply to her averments in RCR howsoever vague they be.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Dear Querist

if your petition for divorce is based on the ground of cruelty as section 13(1)(ia) of Hindu marriage Act states,and you will not be appear before the court where she filed section 9 petition against you.

if she get an ex-party divorce against you then also the court can not force to you to live with her and go for the divorce case but all her allegations may presumed against you that will not be good for fighting the divorce case, so it will be better to appear before the court and fight the case on merit and reply her petition.

Maintenance can be grant if she is not able to maintain herself.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Yes this petition can legally admitted by the court.

Yes you can mentioned all the facts and issues in reply to the petition.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Basically, you were the first one to approach the court and file a divorce seeking dissolution of marriage. Now, your wife has taken recourse to restitution, in which the relief sought is at tangent/opposite to the relief sought by you.

You may file an application for dismissal of her restitution together with a detailed reply to her allegations. For drafting your reply, you may take a cue from your divorce petition.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

One sided she filed dv and other side she file RCR , it speaks story in your favour. Quote application of RCR file by your wife in reply of dv.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

It is advisable to appear before court and state your defence that she deserted you without any justified reason

Hemant Chaudhary
Advocate, Gurgaon
4626 Answers
67 Consultations

4.9 on 5.0

Dear Client,

My query is.. can this petition be legally admitted by the court.. ? - Permissible till Divorce not granted

also for my response to wifes restitution petition, do i have to respond to frivolous allegations or can i simply quote grounds for dismissal/denial of relief as per Hindu marriage act.. - Both than only ur reply may be more effective

I ask as she has filed a false police complaint, lied to court and remained absent from divorce hearings for over 11 months. - request court to grant ex parte divorce decree if she is not attending court proceedings.

IS it required to respond to her long crazy allegations in RCR ? - If not than how will ur defence will come on record.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you can file a divorce petition, she has the rights to file a restitution of conjugal rights petition, there is no legal infirmity in it.

The other things can be challenged in the court during trial proceedings.

You have to deny each and every allegations that she has leveled against you otherwise it will weaken your defence.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

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