Divorce From Wife When She Refused To Come Back After RCR Petition

I have filed RCR and decree was ordered in my favour 2 years back. My wife came on order to home and file 498a and contempt court 2b against me. Contempt order has been dismissed. It's been 5 years since we are staying separated. Can I file divorce a... Read More

I have filed RCR and decree was ordered in my favour 2 years back. My wife came on order to home and file 498a and contempt court 2b against me. Contempt order has been dismissed. It's been 5 years since we are staying separated. Can I file divorce and what grounds do I have?
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Answer (1)

Tanya Mahajan

Tanya Mahajan

  • Sector-1, Noida

A petition for Restitution of Conjugal Rights is a petition to order the wife to come back to you. Nobody can force your wife to come back to you, even if there is a court order from the highest court. It is her wish If she wants to come or not. You can file a divorce on grounds of desertion.

Answered on 17 Feb 2020


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