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Trinadha Rao (NA)     06 April 2010

Request the Experts to explain in detail the underlined Text

9. Restitution of conjugal rights.- (1) When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.



 7 Replies

Swami Sadashiva Brahmendra Sar (Nil)     06 April 2010

the terms underlined, have been used  in positive sense. it means that restituion can not be denied unless there is any legal bar on it or it's grant  will amount to perpetuate illegality.

Trinadha Rao (NA)     06 April 2010

Thank you SIr, for the reply, I want to Know what are those Legal Bars or Legal Grounds , Please spell those Legal Bars or grounds in Details One by One.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     06 April 2010

Dear Mr.Rao,

we are here to help the people not to teach the law.

Plz detail your qurry if any.

Regards

Trinadha Rao (NA)     06 April 2010

Mr. Grover , I am not a Student of Law to Learn on this Portal, my query is very simple what are those Legal Bars which would make the courts hand tight from pronouncing the decree of RCR ,So that i can use them against my wife who filed for RCR u/s 9 after six years of desertion.


(Guest)

1. in those six yrs hv u initiated any action against her ?
if no then there is no legal grounds she should not get the decree of rcr
if yes then no court can bar you not to accept her rcr decree.
2. however you can still claim divorce on desertion proofs but then she will simultaneously claim maint and may counter file other matrimonial cruelties charges which may take sometime to prove but her purpsoe will be solved.
3. Sh. Grover ji rightly asked rightly to give details of your case and not one liners quetion which you didnot understand and instead countered on his comments.
4. Here a wife is seeking RCR she will get it easily. It is other matter no court can bind a couple to live together so bottom line if crudely to say to you is not to contest her rcr at all as even after a decree is prepared it can't be executed if other party says NO and in 1 years time it is as good as divorce suit.
Rgds.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     07 April 2010

Mr.Trinadha,

Mr.Tripathi detailed correctly what ever you want to know and further you note that explain and write an essay in detail.??

This is law and not a question. that why i ask you to be brief an provide perticulars of your case but it seems that even now you want to learn the law so that you may defend your case as per day to day routine, coz here we guide the people so that they can hire an effecinet lawyer and get the result as per our guidence and details.

But your qurry is related to reply in the court which is not a subject matter of this portal. We cannot guide you until we will not see your whole case.

So better to consult any local lawyer and seek guidence after showing your complete documents.

In your present situation you may file divorce on the ground of desertion and you wil succeed.

Or consult any local lawyer.

Trinadha Rao (NA)     07 April 2010

I am very sorry Mr.Grover I does`nt want Hurt anyone`s Emotions or Ego,

 

Thank you Mr.Arun Kumar for your detailed answer!


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