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ajay (Engineer)     27 September 2012

Restitution of conjugal rights

Hi i got married on 26th april 2012, everything was fine till 20th june 2012. But due to some misunderstanding she left my home and we also didn't contacted her home and her for 2 months reason was, we thought she will come back in few days. But after waiting for two months we went to her home asked her come back to our home and she is not willing to come now. Now she is demanding new separate home. As i stay with my parents i don't want separate home. now she is 4 months pregnant. Will Restitution of Conjugal rights work in my case.


 13 Replies

Sanjeev (Lawyer)     27 September 2012

Restitution do not help bring back a unwilling wife so she can be back only by mutual talks and any legal recourse would only create more problems

1 Like

ajay (Engineer)     27 September 2012

But i tried a lot to convince as i am worried about my future. But she is not willing to come back to my home. If i won't agree to her words, life long she is ready  to stay in her home itseems. so i am in confusion.

ajay (Engineer)     27 September 2012

But i tried a lot to convince as i am worried about my future. But she is not willing to come back to my home. If i won't agree to her words, life long she is ready  to stay in her home itseems. so i am in confusion.

Rahul T (Engineer)     27 September 2012


         Your life got screwed up.  So as a victim, my advice would be to keeping quite… Because you cannot do anything at this moment (legally)… yes! It’s true; everybody tries to fix all problems as soon as possible… Unfortunately nothing happens like this… Problem gets more & more complex…Like she is asking for separate house etc…

Yes! Time is the best healer… So you must wait for that time…Funniest thing is no one knows about that time line…Buy Law book on HMA & Read… Follow LCI slowly you will get different Idea & escape path. For now, just forget everything & concentrate on your work. All the Best…


1 Like

ajay (Engineer)     28 September 2012

Rahul thanks for ur suggestion. But my concern i am ready to face anything. But i am worried about my parents as my mother is govt employee. many times my wife already warned me that she is ready file dv on us. So to avoid that i am planning go by RCR.

Rahul T (Engineer)     30 September 2012

RCR???... That’s a good Option… But filling RCR is not an escape path from everything… After RCR, still she will have all rights, to file 498A, DV etc… So who knows, Filling RCR may add some fuel into the fire!!!

For common people there not much difference between RCR/125CRPC/DV/498A…They count everything as a Case filed against them… Difference will come once you dive into deep technicality of Indian Law… So my suggestion will be wait & watch…They should not file above case as revenge… Spend some money, Take appointment & Discuss with few good lawyer personally.


Rahul T (Engineer)     30 September 2012

Oh! One more thing, if she wants, then she can refuse RCR… in that case you just will get relief from 125 CRPC.. nothing else…


andz (clerk)     02 October 2012

i agree with rahul and all other's opinions expressed earlier and would like to add a lil n that is as your parent's are also working then why dont you heed her and opt for a separate house which could be near by to both the parent's place ?? and as you have mentioned she has allready declareded that she'll file dv or something like that than it would be simply better to find a amicable solution rather than get prepared to be hanged . . . . regards anand

What is in the name ( )     03 October 2012


Its unfortunate that the current generation of folks have almost neglible patience & tolerance, huge amount of egos, in some cases greater confidence of getting away successfully with wrong doings and a very aggressive and arrogant behaviour. Each or combination of these are straightaway direct triggers to disastorous marital partnerships.

They simply want to live in today's world (which is fine) but not care of future.


My suggestion in your case would be -

0. 0 step would be - to have lot more patience, be calm and think positive

1. as a first step - attempt iterative discussions with her for reconciliation, involving whom she trusts most

2. Recommend for professional counseling for both of you - this will most likely enlighten both of you of the damage so far and potential damage in near future

3. If 1 and 2 don't work, involve sensible elders from her family and try to arrrive at MCD;

Please bear in-mind, because of the mis-deeds of many men in the past, most of the family related laws favor women mostly. Therefore, you have to be gentle in communication and tactful in dealing with the situation, as any small action from you that she can interpret as offensive can provoke her to misuse the law by invoking various acts that mostly go against men.


I am not trying to scare you, but suggesting to first attempt reconciliation - give it some time like few months, and if really doesn't work out, target MCD.


There are some pre-requisites if you intend to contest/file any cases against her, which the abled and experienced advocates can guide you on.


Hope this helps

498 A fighter (Advocate)     03 October 2012

rahul and what's in the name suggested and guided you very well whatever they said is the "PATTHAR KI LAKIR"

So dont go for any legal action, and wait one thing only you can do to collect the records of her going and just give information report that she is not with you now ? collect as many proof of your effort to bring her back as you can ,

but do all these secreatly otherwise she think you are playing game. these are the steps of your safety from flase cases so keep calm and be patient. now PRIME MISNISTER MANMOHAN BAN JAO and lock your mouth to yourself also.

on ly do your work  for your safety and your parents safety. and try to solve matter with your wife calmly.

ajay (Engineer)     03 October 2012

But here the big problem she is demanding new home near her native place. As my place is 100 kms far from her place. But it will be difficult to travel daily from her place to my place as my working location is near my home.

andz (clerk)     03 October 2012

-just posting a question and not reading it or not following the points will not fetch a thing . . . -what efforts/way's did it occured to you that you could've taken . . . . ? -why dont you / or have you tried to put it on paper/mail and convey the same to your wife . . . . as your genuine effort .. .? -and may be you can try doing that and bringing the fact to her parent's and her you can sugest you are ready to relocate some distance say 30 or so kms so that you'll be in reach with your parent's to look after and the same she too will be somewhat near to her parents . . . . . . -may be later you can think of something after you two spend some time . . . hope this info is of some use . . . . . regards anand

What is in the name ( )     04 October 2012

This is precisely what is being suggested.....have constructive and calm discussion with her along with her most trusted person to explain non-feasibility, and if you are not able to explain, approach professional counsellors.

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