Legal Question in Family Law in India

I have filed a restitution of conjugal right case at kolkata court, my wife has moved to supreme court for transfer to mangaldai court. supreme court has directed to sit for the mediation. After 5 mediation meeting nothing seems to work out . i want to file divorce case .. can i do it now or have to wait for supreme court final hearing on conjugal rights or now i can file


Asked on 11/21/13, 11:25 pm

3 Answers from Attorneys

if you are in the mediation then please try to convince your wife for divorce by mutual consent .You can amicably settle all your issues. If that is not possible than you need to withdraw your petition on restitution of conjugal rights and then file the petition.You can seek permission of the supreme court to withdraw the case . for further clarifications contact 9312411481

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Answered on 11/22/13, 6:02 am

wait till final decision.

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Answered on 11/23/13, 3:37 am

The case may be transferred to the place where your wife is residing so it is advisable to file a petition for divorce at place of her jurisdiction after withdrawing RCR. You cannot seek divorce and RCRat the same time.

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Answered on 11/24/13, 11:33 pm


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