applying for conjugal rights

saravanan (Querist) 13 June 2008 This query is : Resolved
i and my wife are living separetly since last 9 months. we both are doctors by profession.[mbbs].she left me last sep due to lot of indifferences and misunderstanding.there is no means of communication from her till now.i tried talking with her over phone to reconsider things and a compramise.but it seems that she is not intersted and didn't give a prpoer reply. i can't get that in what idea she is now. her father and brother , lawyers by profeession, who seems to misguide her from giving me a reply. i wish to apply for a conjugal rights . please suggest me how to apply for it..

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Rajesh Kumar (Expert) 13 June 2008
In reality there is no conjugal rights to men in India.
Technically, you can file a petition under Section 9 of the HMA for restitution of conjugal rights. But it may start a reaction from the other side accusing you of false charges of Section 498A etc. So be cautious in enforcing your non-existent rights.

Guest (Expert) 13 June 2008
By filing such petition you will know the intentions of your wife.

As long as you have not harassed her, there will no problem.

SANJAY DIXIT (Expert) 13 June 2008
By filing the petition U/s 9 Hindu marriage Act, you may also get a weightage against s. 498A I.P.C., if filed. Law is law for all & it doesn't matter that her brother or father or both are lawyers.