Restitutuion of conjugal rights under special marriage act.

Guest (Querist) 25 February 2012 This query is : Resolved
Dear learned experts......

1)If the parties to a marriage have not lived together but consummated the marriage in other places, Now the wife denies to come or contact the husband,Can He file for Restitution of conjugal rights under special marriage act?
2)Where to file?
3)What are the things should be mentioned in the petition and how? Please help me experts.

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V R SHROFF (Expert) 25 February 2012
Petition can be filed at the place of wedding. Special marriage Certificate must have addresses. Use can as well file at that jurisdiction, or where they last consumed marriage, or where she reside at present.

Q3: need your advocate with you to decide.

Raj Kumar Makkad (Expert) 25 February 2012
1. Yes. He can file but what is the need to raise question mark over the character of both for this purpose. By mentioning that both parties consummated at other places and did not live after marriage means both are characterless and have no care of married life. What is the use of restitution of such marriage? Why do you prefer to keep such wife with you if you both are not honest towards each other?

2. Marriage place or place where last resided or the permanent resident of either of the parties.

3. This matter be left to the lawyer representing you otherwise you may also demand to tell the language to be written in the judgment.

prabhakar singh (Expert) 25 February 2012
1.yes! He Can file for Restitution of conjugal rights under Special Marriage Act.

2.At the place of marriage,or last residence or where parties have permanent residence.

3.Drafting a case is a plan depending upon all facts and circumstances of any case which you should discuss with a lawyer where
you propose to file a case and it would be he to draft your petition.