Conjugal rights
SATYANARAYAN PATEL
(Querist) 22 April 2012
This query is : Resolved
sir, my sister is married since 1999 under Hindu marriage system. In 2000 they were blessed with a son. Now he is at class-vii.My sister is in a Govt. job and her husband is a primary teacher. My sister's husband is creating mental cruelty upon her. She has been tortured both physically and mentally by means of commissioning different unfair and unlawful actions like beating publicly, non cooperating and disturbing in office work, not respecting elders, spending all money arbitrarily, not taking liability of family, defaming me etc. Due to an unfair incident of family violence on 3/3/2012 we have accommodated her in a separate premises in the same town. Her husband has withdrawn himself and applied to the family court for restitution of conjugal rights. But at the same time he has alleged upon my sister saying 'moving with others in ulterior manner', 'living adulterous life' etc. which is purely false and fabricated. Also he has committed to call back her at any cost and then cause a death to her in return.
He is not well behaved neither with her nor with her relatives and paternal family circle. He along with his father are very often adamant and egocentric in nature. they do not want to widen the relationship and friendships. where my sister is just the opposite. she is mixing and friendly at a wider. What should she do now.
Can she opt for a judicial separation or cohabit with him? How can she lead a peaceful conjugal life lawfully and secure.
Devajyoti Barman
(Expert) 23 April 2012
If the relationship can be reconciled peacefully then she should go for it. Involve the family elders to make him see the reason.
Otherwise there is various ways through legal recourse to punish the husband for the tortures perpetrated upon your sister.
Raj Kumar Makkad
(Expert) 23 April 2012
First of all, you should assess the intension of your sister. If she is confident to live with her husband and is also bold enough to face his cruelties and later on understand him to come to proper line.
If she is ready then it shall be better to have conciliation in the court wherein he shall withdraw his allegations and by making statement, he shall bring your sister in his home otherwise there is no hope of passing any decree in favour of husband of your sister under section 9 of HM Act in the given facts.
Shonee Kapoor
(Expert) 23 April 2012
I am in agreement with the provided guidance.
Your sister has to decide what she wants out of this relationship.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 23 April 2012
yes!guidance provided to you is adequate.
Santosh Goswami,Advocate
(Expert) 24 April 2012
I think living with such person may put danger to your sister life and limb. So, I would suggest you to file a divorce petition on the ground of cruelty and also file for maintenance u/s 24 along with that.His RCR is quite contradictory and probably will not be sustained.
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