Restitution of Conjugal rights
T.Srinivas
(Querist) 22 October 2010
This query is : Resolved
Respected experts,
I issued a legal notice on behalf of the legally wedded wife to husband u/s 125 of the Crpc for claiming maintainence, in my legal notice i have stated that my husband had thrown me out of matrimonial home,the notice were duly served to husband and he also replied through his counsel stating that my client volunterlly left the society of the her husband hence she is not entitled to claim maintainence, now my query is now can i file a suit for conjugal restitution based on the reply of thier legal notice,wife is very much interested to join her husband, what is the legal issue if husband asks about wife notice under section 125 for maintainence in conjugal restitution proceedings.
M.Sheik Mohammed Ali
(Expert) 22 October 2010
dear T.S
your client willing to live with her husband you suit a file conjugal rights, and if the husband is not ready live with her you may file a suit against him, one more my question when did marriage done and have her kids and child ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 October 2010
It is entirely defferent perspective , if your client wants to live together n o problem. Court will willingly allow.
Devajyoti Barman
(Expert) 22 October 2010
Nothing . The issues of both 125 crpc and the RCR are different. The wife can pursue the both without any hindrance.
s.subramanian
(Expert) 23 October 2010
Yes. you can file RCR on the basis of the reply notice of the husband.
T.Srinivas
(Querist) 24 October 2010
Respected experts,
thanks for your valuable opinions. mr, sheik for you clarification wife is aged about 68 years, she have 4 childrens, 3 male and 1 female all are married they leading seperate martial life.
Khaleel Ahmed Mohammed
(Expert) 24 October 2010
You can file both cases of Maintenance and Restitution of Conjugal Rights. Maintenance proceeding will pressurise him to allow her with his society.
