family court matter of separated husband and wife
2 years ago
my husband filed Restitution of conjugal rights in the family court of one district and at the same time divorce petition on in the court of another district. Is it possible?
Vaidehi Samant
Responded 2 years ago
A.Yes it is allowed. However if you want you can appear before the Court where restitution of conjugal rights petition (RCR) is filed with your lawyer and file application for transferring the matter of RCR to the Court where you have filed divorce petition and if/after such RCR case is transferred you can appear before the Court and ask the divorce petition and RCR to be clubbed together for the upcoming Court hearings. However please note that will be a lengthy process to transfer such case to another Court. Hence, you may think and consult with your lawyer handling divorce matter and take your decision. Thank you.
He can file divorce petition in the place you are residing and the same goes with restitution of conjugal rights.
for the same you can check section Section 9 of the Hindu Marriage Act, 1955 which provides for the restitution of the conjugal rights. The aggrieved party may apply, by petition to the District Court, for the restitution of conjugal rights.
Thank you
My wife hardly stays with me what should I do
Divorce case
Husband harrasment
Mental harassment by husband staying in Pune on wife living in Bangalore
Sexless Marriage
