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InSearchJustice   01 April 2015

Restitution of conjugal rights

Brief Facts:

  1. Simple Marriage without Pomp & Show, No Dowry, Married Since Oct, 2011.
  2. Husband Working as Class 1, Govt Officer, Wife home maker.
  3. After Marriage stayed at Parental House for about 1 year and then shifted on rent near office for easy commuting.
  4. 2013, Purchased a flat on loan on Husband Salary registered in the name of mother.
  5. During this time as per the wish of wife, she was allowed and supported to do a course of Beauty Parlour & LIC Agent, which she successfully completed.
  6. Wife earns about Rs 10,000/- pm on average from above mentioned two sources and her boutique running from home only.
  7. In the beginning of 2014, Husband lost his job and his case is under consideration before tribunal till date, managing to survive without any sound source of income.
  8. Meantime, due to discontinuation of home loan EMIs, the Bank has served notices to clear the dues or vacate the flat for taking possession.
  9. Both Husband & wife decided to vacate the flat to shift back to the old home that is registered in the name of Husband near their parental home.
  10. Although both spent few days in the above mentioned home, suddenly wife asked to go back to flat for accomplishing some pending work of boutique but left for her parental home in the other city without any consent.
  11. Husband tried a lot to contact her but she didn't responded, Meantime mother of husband packed the house hold articles and started waiting for wife to return and carry the articles to the husband registered home near parental home.
  12. Wife, when returned filed a complaint with local police against husband and his mother alleging that her home articles has been packed in her absence without her consent.
  13. Upon a call from Police IO, husband joined the investigation for 2 dates and requested to supply the copy of the complaint. When he didn't get any copy, he had left with no other option but to file RTI for the same.
  14. Police IO is threatning time & again to implicate husband & his mother in any false case or Husband or his mother should transfer the property in the name of wife.

Please suggest:

  • Legal Provisions for husband. 

I request all the dignitaries to kindly help me with set provisions as per Law.

waiting for your quick and timely response

Thanks in Advance....



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     01 April 2015

Sir, Its just a misunderstanding between the parties, it's better if they sit and talk .... Regards Kapil Chandna Adv 9899011450

N R Dash.. (Advocate)     08 April 2015

A case study of law students. No comments required...


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