Simaran (AM) 08 September 2011

Husband filed restitution of conjugal rights

My husband and his family behaved with me cruelty and i have to left metrimonial house when i was pragnant as I was not aceepting thier money demands. I am working and they always demand that i have to handover my all salary to them which i refused and asking money to my parents and i refused in turn have to face cruelty. I am having a kid of 4 month only. Now once he came and I questioned that what is security of my child and my self. he did not say that he will not do this things in future but applied for restitution of conjugal rights. what should i do? is he has right to take all my salary and court can say to me to go back?or my refusal will give him right of divorce without any obligation towards me and child as I am earning.

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26 Replies

(Guest)

No he has no right to take a our salary.If he has filed for RCR and if it is not consumated for one year than he will get a chance to get divorce.You should go to live with him and if harassment continues on you then file a DV case against them who harrass you.It will give you protection in your in laws place.But before going to such legal steps you should try to solve it amicably involving friends and elders.

Ravinder Kumar (Account Director) 08 September 2011

Rightly guided by Utpala... Simaran it is easy to destroy anything but very difficult to preserve ..

Adv. Chandrasekhar (Advocate) 09 September 2011

is he has right to take all my salary and court can say to me to go back?or my refusal will give him right of divorce without any obligation towards me and child as I am earning.

It is not right on his part to take away all your salary in the name of he being your husband.

If you refuse to give him your entire salary, it cannot give him right to divorce to you.

If you are earning equal or more than him, then he will not have any obligation to paymaintenance to you. If you are earning less than him, then you can claim for your maintenance but how much you can get depends upon various factors.

Even though you are earning, he has got obligation to pay maintenance to your child. For that you have to file an interim application under Sectin 24 of the HMA in the same case where he filed RCR.

My other advice is:

Contest the Restitution of conjugal rights (RCR) case filed by your husband very sincerely. There are couple of points to remember in respect of RCR. By just filing of RCR by the husband, court will not give you direction to go and stay with him. You said in your post that you were subjected to cruelty by him and his family and they were consistently demanding dowry and also your entire salary. These are the valid grounds for a wife to stay away from husband and matrimonial home. If the wife shows reasonable grounds for staying away from the husband to the court to its satisfaction, courts will dismiss RCR petition. Then, you need not to go to matrimonial home against your wish.

Wish you best of luck.

2 Like

Simaran (AM) 17 September 2011

Utpala,

What kind of protection can be provided by court against domestic violence.

Is it any way to prevent from demand of money.

Simaran (AM) 17 September 2011

Chandu,

Thanks for your information. can u put some more information on it

Adv. Chandrasekhar (Advocate) 17 September 2011

If you put specific question, I am ready to give specific answer.

gaury..fight to win (Education) 17 September 2011

yes he cant demand money from u.instead he will have to give u money for your child's maintenance.

galsober@yahoo.co.in (def) 18 September 2011

@ Simran!

U can read "DV-Bare Act". Its a small booklet available free to download. Despite responding ur queries, it will put more light on provisions of whole of the act, might be useful 2 u.

Best of reading!

Simaran (AM) 19 September 2011

As suggested by you kindly tell me the way to contenst for RCR case. They were demanding dowery and my entire salary .... for what i need to do ...

As some one told me i should complain in women cell, file a case fo DV and dowery and maintenance. is it neccesary to contest RCR case. how it is related to this and how this will go further.

Definately one question is arising that can be questioned to me " if u had problem then why u have not approached to court earlier." what should be done in such case.

one more thing can i say abt my conditions on which i am ready to go which states that these actions will not be repeated in future at all.. and what will be santity of such aceptance by other party.

Can it be a trusted ?

I should file for maintenance of my child in same case or it to be filed separately.

Anjuru Chandra Sekhar (Advocate ) 19 September 2011

Even if court grants an order of restitution of conjugal rights, you don't have any obligation to honor it if you do not feel nice to be with him. According to 13(1A)(ii) of HMA, if restitution of conjugal rights does not take place even after the Court's order it becomes a ground for Divorce.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 September 2011

Dear Sir,

Please read the thread completely, Simaran has an apprehension that RCR is filed to get a divorce at a later date.

You would need to contest the RCR, if you want to avoid Divorce on future date because of ex-parte decree of RCR.

You can seek maintenance for child under HMA 24 or by other acts

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Anjuru Chandra Sekhar (Advocate ) 19 September 2011

Dear Shonee,

If that is addressed to me....she is earning member not her husband. I don't think she is against divorce and she wants to avoid it. Her only fear is that if she is forcibly taken by Court's order to his house, she has to spend all her salary without saving it for her child. She being an earning member cannot seek maintenance from him. One possibility is that he may seek divorce on the ground that she had not honored order of RCR made by Court and when he gets divorce he may apply for maintenance from her.

Thanks and regards,

Chenna Keshava

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 September 2011

Sir,

Where is it mentioned that he is asking for maintenance?

Where is it written that she wants a divorce?

Conjencture????

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Adv. Chandrasekhar (Advocate) 20 September 2011

As suggested by you kindly tell me the way to contenst for RCR case. They were demanding dowery and my entire salary .... for what i need to do ...

Yes. you have to contest RCR case with your full might. If you fail to do so, it will harm you in future. You try to understand the substance of RCR. After the marriage, the couple have got natural and statutory right to live together. If the wife deserts him, he has got a right to approach the court for his conjugal rights. Then the court will not automatically grant him such rights. The court puts the burden on the wife to prove why she left her husband even after marriage. Initially, the burden is on the wife to prove that she has got reasonable grounds to desert the husband. It may be that (1) he is cruel (2) in-laws are harassing her (3) taking away the whole salary she is earning and is keeping her in deprivation and perpetrating econommic abuse (4) he not only demands for dowry and by not bringing it harasses physically and/or mentally (5) husband is leading adulterous life (6) has unnatural s*xual habits etc. etc. The wife can raise any one or some of these grievances or grievances in such nature, which the court may treat reasonable for the wife to refuse to stay with husband. Just raising the grievance is not enough. It has to be proved to some extent, which may be called in legal language as "preponderance of probability". Once wife discharges this responsibility, then it is the liability of husband to prove that these are false allegations. If he fails, then the court will dismiss RCR case and you will not be held liable on any account. If he succeeds in RCR, then also you need not to go to his house, but after one year, he will file another case for divorce saying that RCR decree is not implemented and then the court will grant him divorce. To avoid this divorce decree, I suggest you to fight RCR with all the power under your control.

As some one told me i should complain in women cell, file a case fo DV and dowery and maintenance. is it neccesary to contest RCR case. how it is related to this and how this will go further.

It is not necessary to file complaints before various authorities /forums for contesting RCR. But to strengthen your reply in RCR, some people might have advised you to file such complaints, so that all those complaints can be filed in RCR case. But filing all these complaints will hamper any chance of rejoining with your husband, if you want to rejoin him in future.

Definately one question is arising that can be questioned to me " if u had problem then why u have not approached to court earlier." what should be done in such case.

The answer is above. Complaints of either civil or criminal nature may hamper any chance of rejoining and hence wife has got every right that not to complain before any authority with a hope that in future there will be prospects for happy matrimonial life.

one more thing can i say abt my conditions on which i am ready to go which states that these actions will not be repeated in future at all.. and what will be santity of such aceptance by other party.

Can it be a trusted ?

No. It can not be trusted.

I should file for maintenance of my child in same case or it to be filed separately.

Yes. You can file maintenan application under S. 24 of the Act, in the same case. First maintenance case will be decided and later on only the case filed by husband will be put in motion.