Restitution of conjugal rights
Mohit chawla
(Querist) 29 September 2009
This query is : Resolved
Dr. Mehta and Renu got married. They lived together and led their life in a peaceful manner. Renu has done her B.Sc and she got admission in a pharmaceutical college at Nagpur with the consent of her husband. After obtaining the degree in pharmaceutical college. she joined as a pharmacist in government dispensary near Moga sometimes Dr. Mehta used to visit her and sometime Renu visited the residence of her husband. they continued to cohabit at least for three years. thereafter some difference arose between them on the issue and Dr. Mehta asked her wife to leave the job and join him. Renu refused to join him and the husband filed a petition for restitution on conjugal rights. discuss the matter and please suggest some decisive and latest authorities.
sanjay kumar patibandla
(Expert) 29 September 2009
First of all advocate should act as councilor in matrimonial matters.
In this matter, first Mrs. Renu shall decide, what she wants and what is important. If she is not in position to bare her husband , she has to explain the reasons to the court by way of counter.
First of all try to express their needs, than we can give suggestions and citations according to their wish.
joyce
(Expert) 29 September 2009
I agree with Sanjay kumar. Are any notice issued before filing the case to Renu? If so what reasons she took for her desertion? all these resons counts to give the decisions n suggestions.
Raj Kumar Makkad
(Expert) 30 September 2009
continuance of marriage cohabitation is part and parcel of a married life and if wife is refusing to cohabit just because she do not want any issue is definitely a cruelty and even then if husband is seeking restitution of conjugal rights is a good gesture on his part and he has every legal right to get the decree passed in his favour. This opinion doesn't overrule the social role expected from the lawyers in matrimonial cases but describes the legal position.
Sarvesh Kumar Sharma Advocate
(Expert) 02 October 2009
mohit ji,
copration is a basic need in conjugal rights.
if wife denie to to leave the job and she refused then why husband is adament ,coprete her,
can husband leave there job?
i think no, then why he can enforce to his wife for that.
crulty is not by the part of wife but husband is doing crulty with her.
my suggestion is don't comple another which you can not do.
Khaleel Ahmed Mohammed
(Expert) 04 October 2009
The petition filed by Dr. Mehta may be allowed.The court will direct her wife to join with her husband.There is no valid grounds on the side of her wife to live separately in the query.
