Op restitution of conjugal rights and MC

Dear querist,

 

No court can force wife to live with husband, but she is entitled for maintenance.

More clarity can be given by advocate who is well aware of facts and circumstances of case.

 

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

filing case for restitution of conjugal rights is a useless effort and wastage of time. there is no law which can enforce or compel either husband or wife to live with his or her spouse. in divorce case filed by wife court will decide on merit.

@Siddharth Srivastav Section 18 of the Maintenance as per Hindu Adoption and Maintenance Act, lays down the grounds when maintenance can be granted to the wife while the marriage is subsisting. Here it also adds where the wife will not be entitled to maintenance, as when the wife is unchaste to be one of the factors. Similarly, no maintenance will be given to the wife who deserts husband without reasonable cause. Thus, where the wife fails to prove reasonable cause for withdrawing from the society of the husband or deserting the husband, a ground for maintenance will not lie later on. (6) Meaning of deserts husband without reasonable cause. What it means

Dear Mr. Sprasanth, I donot know why you have referred me personally. Pl refrain from making any such comment. I know the provision but I am not here to get involved in such arguments. The opinion given by me is correct. Pl read 125 cr.p.c. section 24 HMAct and again section 18 & 20 of hindu adoption and maintenance act supported laws laid down by court.