Divorce petition was filled in mumbai in Dec04 & Restitution of conjugal rights was filed in jan 05 and the decree of restution was passed in March 2006 & execution if completed by returning her belongings but boy is not staying with her will the divorce petition be dismissed as she holds the decree of restution?
2007-09-20 03:39:55 · 3 answers · asked by ravi j 1 in Family & Relationships ➔ Marriage & Divorce
In such case it all depends on what grounds you filled the petition for divorce. Say if this divorce petition is on the ground of cruelty or desertion of more then two years, then the very fact a decree of restitution of conjugal rights has been decided by the family court in favor of the wife, agreeing to her demand of such relationship, falsyfing your ground of desertion by her completely as well cruelty by her to certain extend. Here it’s your desertion which made her get this decree of restitution of conjugal right not her desertion against you that will be taken note for your divorce petition. As far cruelty is concerned she must have pleaded your cruelty in her petition & must have brought on record evidence to satisfy the court to grant her this decree, now it will be on the family court to evaluate your evidence with regard to her cruelty against you that made you move this petition for divorce, if the evidence produced by you is heavy enough to prove to the satisfaction of the court that it was sufficient to break this matrimonial home irretrievably by her then the court may grant you decree of divorce irrespective to her plea that she has been granted a decree of restitution of conjugal right prior to this decree of divorce & such decree of divorce should not be granted on this ground itself. The real issue before the court here is to decide the gravity of the evidence of cruelty produced by you in your favour, whether it really so serious that you should be granted this decree of divorce on the basis of this or not. Both these cases are different but still concern both of you only & facts produced in both the cases must too be same or similar in nature hence a indication that you may fail in your divorce petition is there, but it may not happen as I explained you above. Hope you understand this.
2007-09-21 02:22:20 · answer #1 · answered by vijay m Indian Lawyer 7 · 7⤊ 0⤋
I guess you can get divorce, if you give her what she wants. This is how it works in India, unless you have rock solid proof that she committed cruelty and deserted you AND luck is on your side. It takes forever for men to get divorce if girl opposes it. 5 lakhs is not too bad, if that is all she is asking to agree for mutual consent divorce (make sure you pay her only when divorce finalizes).
2016-05-19 02:09:49 · answer #2 · answered by ? 3 · 0⤊ 0⤋
all your paperwork should be telling you this. ask your courts.
2007-09-20 03:46:51 · answer #3 · answered by peggin_beast 6 · 0⤊ 0⤋