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Courage2014 (Secretary)     29 November 2010

Can I file a case for Reconciliation with husband

My husband left me and my 6 year old for 1 year and 10 months. I tried talking to him, sending him several emails but he doesnt want to come back. He is completing ignoring me. He approached me in June this year to file for Mutual Consent Divorce, because he wants to start a new life with someone else and be happy. His parents and sister also support him in this. We had problems because of his alliance with his female business partner who he had become close friends with adn had broken my trust many times by speaking a lot of lies concerning her. His parents are neglecting this aspect and always trying to cover up for him because of their family business. He has been paying maintenance of 23,000 rupees. His net salary is around 2 lacs per month or more i dont really know, it was that much when he left us. My daughter keeps crying for her father and wants our family to be united and so do i. Everyone makes mistakes, and i am willing to forgive my husband for what he has done, can the court help me take an action that can help reconciliation or should i just be silent and pray to God that my husband comes back home. Not to mention the amount of grief and mental and emotional suffering i am going through every passing day. 


 11 Replies


Dear SR,

I have my sympathy with you and deeply regret to know your sufferings. You can file a case of Restitution of Conjugal Rights in the Family court. The Court will pass an order in your favor but even after the passing of the order if your husband does not restore the conjugal rights, then you can file a divorce case.

from your mail it looks that you are interested in continuing the relationship even after the emotional hardships  faced by you. I deeply respect your approach. Since your husband is depositing Rs. 23,000 for his daughter. I consider him to be a considerate person. 

I would recomend that you should take the help of your family friends and the senior members of your family. Also try to convence the other lady that she wont achieve anything by breaking the family.

Your Husbands friends will play a major role in this. Who knows that your husband will also be feeling the same, may be his male ego is the bottle neck for reapproaching you.

Try to talk to him and it may help.

Incase nothing works approach for the legal Remedy at last.

I wish you all the best. If you need any other help, I shall be pleased to offer my support.


Amicus Curiae " Friend of People who have faith in Court"

Viswanath (Student)     29 November 2010

File a petition for restitution of conjugal rights, under section 9 of Hindu Marriage Act 1955

Arup (UNEMPLOYED)     29 November 2010

well said mr viswanath.

HANUMANT DESHMUKH (Activist)     29 November 2010

In my humble opinion, there is usually nothing much to gain by pressurizing someone into a relationship. What are you going to achieve by being with a person who does not want to be with you?

Your husband certainly has a responsibility towards your and your child's maintenance. Make sure that you are getting enough money and time from him monthly to support your child's needs.

Yes, it is unfortunate for the child. But she is his child too. You should not be the only one to feel responsible for her misery.

1 Like

Jamai Of Law (propra)     30 November 2010

Time is ahealer.....Don't file anything such as would create a ground for divorce for him instead for noncompliance after 1 year...if you want to save marriage.



Marriages are not saved through fighting in court......if you are made to fight as respondent ....then it is another story .....................but atleast one thing is clear that ............its not you ..who has started that legal battle in the first place.



Private marriage councellors and relatives (cool headed) would help but don't let it snowball into a bigger issue....



Stay away from court .................................if you want to save marriage ....otherwise we are here............................. to help you to fight for the pride and compensation aspects.



Concentrate on your other activities and welfare of your daughter......a bright and smart, shinig girl child would definitely make the father think about his strained relationships.....



Bring yourself in a position .....................that you are felt wanted and noticed......instead of you asking for attension....


Courage2014 (Secretary)     30 November 2010

Thank you all for your advice.

Martha Butala (Housewife)     30 November 2010

Since your husband wants a divorce by mutual consent, you should agree and even if he comes back to you, his mind will always be on the other woman.  In the Mutual divorce you can set your own terms for a house for you and your daughter, maintenance for you and your daughter, permanent alimony, expenses for your daughter's education and her marriage, etc.  You need to move on in life.  There is no sense holding on to something and will never be yours.  Advocate Martha Butala

1 Like

Dharmesh Manjeshwar (Advocate/Lawyer)     30 November 2010

I agree with Martha since this seem logical ............ but if u want to defy logic and bent on having ur husband back then I would advise u to go in with Jamai of law's advises ............ 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     07 December 2010

The best optionis to involve close relatives and friends and to try for settlement.

If that is not possible then RCR or Mutual Consent Divorce are best options.

I think these laws also need to be changed with changed circumstances and time for joining in RCR Decree should be 2-3 months instead of 1year so final mind is known and next step is taken. IN Mutual consent divorce also it should 1-2 months instead of 6 months.

Law must be changed to fcilitate the parties to settle amicable or separation also amicably and as early as possible.

You can also go for pre-litigation mediation.

JAYESH (Sr. Executive HR.)     07 December 2010

Hello SR,


i can understand your pain as I'm also suffering like you. my case is little bit difference. I'm male and my wife went to her mother home for last more then 1 year with my daughter. I tried many things but in vain. i want to go for Counseling of my wife in family court but as per rule of family court i have to file a case or RCR that i had done but against me my wife file case for divorce on the basis of Cruelty. still hearing had not started. I'm doing each and every approach to convience my wife & in-laws as i don't want to destroy my family. I love my wife & daughter more then myself.

i had gone through many suggestion on this topice i can just say do what your heart says to you. think over it and then take some steps ahead. as i also don't like to see that some family is Destroying. i'm also in favor of reunited. but ultimate decision is your.

Sai Baba bless you and your daughter.

I alsow my my wife & daughter (while writting this tears comes out of my eyes)

i don't understand why some peoples be so rigid & selfish.

good luck :)

Kirti Kar Tripathi (lawyer)     07 December 2010

Your husband wants divorce to give divorce or to contest is in your hand. without divorce he can not marry any one . Thus if you are really want not to give divorce and unify you family.. Be bold and offensive. this is best action in this eventuality. 

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