Withdrawal rcr

Dear Client,

Yes, You can inform the court during the transfer petition hearing that you wish to withdraw your Restitution of Conjugal Rights petition. Your lawyer will likely file a formal application for withdrawal in the Chennai court before or during the hearing.

Tell your lawyer that you wish to withdraw the RCR petition and instead pursue a divorce. They will prepare the necessary application for withdrawal.

Since you have two kids, these will be primary considerations in any divorce proceedings. You will need to make arrangements for their custody, visitation rights, and financial maintenance.Your wife may be entitled to maintenance (alimony) from you. This will also be determined by the court, considering factors like your income, her income (if any), standard of living, and duration of marriage.

Dear Sir,

File a Withdrawal Memo/Application under Order XXIII Rule 1 CPC before the Family Court, Chennai where the RCR is pending.

You can do this even before the transfer petition is decided, or mention this intention during the transfer hearing and seek time to file

withdrawal.

If you withdraw the RCR, the transfer petition becomes infructuous, and the court may dispose of it accordingly.

You may file a fresh divorce case under Section 13(1)(ia)/(ib) of Hindu Marriage Act in Madurai, which is the wife’s residence.