Restitution of Conjugal Right

Soma (Querist) 02 June 2010 This query is : Resolved
Husband filed a case against the wife for restituiton of COnjugal right. Both the husband and wife is Govt. Servant. Husband used to subject the wife huge torture. Wife forced to live separately. Wife did not filed any criminal case against the husband.
Now how can the wife defend the suit?
There is no strict evidence of such torture.
The intention of the husband is to torture the wife again.
By what evidence wife can defent the suit?

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Raj Kumar Makkad (Expert) 02 June 2010
even if there are no strict evidence establishing the torture of husband even then wife shall have to establish it as a sole reason not to join the company of her husband. Court cannot insist any wife to restitute the conjugal rights to wife if she has fear of life and property in her mind qua her husband.