Legal Question in Family Law in India
Petitioner filed Restitution of Conjugal rights against his wife in 2009. The respondent fied section 24. Order issued on 25/2/11. Respondent filed stay petition on 29/3/11 which was rejected on 9/3/12. and was ordered to submit w/s by 26/3/12. But resp ondent submitted w/s ondates on 26/3/12, 2/5/12, 7/6/12, and atlast on 18/6/12. In the mean time petitioner filed conversion petition on 2/5/12 which was dismissed on contest on 16/8/12 even after respondent clearly mentioned in the w/s that she can stay with the petitioner only in her paternity home and petitioner is in transferrable job. Now what can be done? Can petitioner again file conversion petition mentioning the grounds reality? Or there is any way to file divorce getting the dignity of this time?
2 Answers from Attorneys
Your conversion petition will probably not be entertained since restitution and divorce both are quite different reliefs. If you want to file divorce, withdraw the RCR petition. Even if you succeed in winning the RCR court can not force her to join you as there is no provision for execution of order.
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you will be require to withdraw RCR petition for filing divorce.
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