Conjugal Rights
3 weeks ago
I have applied for divorce and it is running into 4 year. Now I have changed my mind to reunion considering welfare. May I know the process of filling reunion petition. Do I need to withdraw my divorce case and child custody case and then file for reconcile petition?
A.Dear Client,
For a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights to be considered by the court, the original divorce and child custody petitions must be withdrawn and dismissed. Section 9 allows either spouse to petition for the restitution of conjugal rights if one has been deserted without reasonable cause. Even after initiating mutual divorce proceedings, a spouse can withdraw consent and express a desire to reconcile, potentially withdrawing both divorce and child custody petitions to reunite depending on mutual agreement.
For a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights to be considered by the court, the original divorce and child custody petitions must be withdrawn and dismissed. Section 9 allows either spouse to petition for the restitution of conjugal rights if one has been deserted without reasonable cause. Even after initiating mutual divorce proceedings, a spouse can withdraw consent and express a desire to reconcile, potentially withdrawing both divorce and child custody petitions to reunite depending on mutual agreement.
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A.Dear Client,
Unless the original divorce petition and petition for child custody are withdrawn by the parties and dismissed by the court, a petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights(RCR) will not be allowed/admitted by the Court. Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court/family court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. When you have filed for mutual divorce, you may withdraw your consent informing the court that you are not ready for the divorce and would like to cohabitate with the spouse. Depending upon the settlement between you and your spouse, you can withdraw the mutual consent divorce petition as well as the child custody petition and reunite.
Unless the original divorce petition and petition for child custody are withdrawn by the parties and dismissed by the court, a petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights(RCR) will not be allowed/admitted by the Court. Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court/family court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. When you have filed for mutual divorce, you may withdraw your consent informing the court that you are not ready for the divorce and would like to cohabitate with the spouse. Depending upon the settlement between you and your spouse, you can withdraw the mutual consent divorce petition as well as the child custody petition and reunite.
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