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Posted by: Ajay Singh 07/12/2023 19:55:43

wife has filed a case aginst her husband under sec 498A and also claim for maintenance too but her husband filed a petition on her in other district court under sec 9 of HMA what she can do now ?

Posted by: Prakash Yedhula 02/05/2009 09:58:42

In case there is no proper explanation as regards delay in filling the petition of restitution of conjugal rights, application should be regarded as unnecessary and improper- G. .Ramakrishna Pillai v. J.Vijaya Kumari Amma AIR 1990 Ker 55.

Posted by: Prakash Yedhula 02/05/2009 09:58:32

Where the husband makes the allegation of unchastity so that she is returned to her matrimonial home, and the allegation is not found to be baseless, it was held that this has to be considered along with the persistent refusal of the wife to stay with the husband. In the instant case, the petition moved by the wife for restitution of conjugal rights was not granted.-Ammini.V Kuttappan 1990(1) HLR 454

Posted by: Prakash Yedhula 02/05/2009 09:58:21

Leaving home by the husband intending thereby terminating cohabitation permanently that conduct would amount to desertion on the part of husband. But, where the husband claims restitution of conjugal rights after a big gap of seven years, there is justification when the wife does not accompany her.-G. Ramakrishna Pillai v.j.Vijaya Kumari Amma AIR 1990 Ker 55.

Posted by: Prakash Yedhula 02/05/2009 09:58:09

Where a suspicious husband writing letters to the wife raising baseless allegations and unwilling to regret in spite of the fact that wife is not willing reconcile, it is not only the husband who is at fault in case the wife denies him his conjugal rights.-A.B.Bakre v.B.S.Bakre AIR 1991 Bom 165

Posted by: Prakash Yedhula 02/05/2009 09:57:34

In case there is continuous demand of dowry on the part of husband, this would amount to giving reasonable cause to the wife to withdraw herself from the society of the husband.-Narinder Kumar v.Chander Prabha 1990(1)HLR518

Posted by: Prakash Yedhula 02/05/2009 09:57:03

As during the lifetime of first spouse living, the second marriage is void, the man marrying when his first wife is living cannot claim restitution as against the second wife. Asha Kumari v.Satish Kumar 1990(1)HLR7



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