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Rekha Sharma (.)     09 March 2011

restitution of conjugal rights If declared exparty?

We are living separately since 11 yrs. My husband send me to my parents house. He used to come but whenever I tried to talk to settle down together he always even refused to talk at all. Now suddenly he send few relatives to talk to settle down last year. Again this yr another his known person, but he never talks to me about this how to settle down as his parents and he too torchurched me for dowry and also insulted me for nothing when I was with him. They were forcing me to say yes and that after saying yes I cant say no. I was in severe tension. And I didnt go.
Now my husband filed for restitution of conjugal rights in court in his place which is in a different state. As my daughters exams were near and as I had to go far in other state I didnt go. Now here I applied for maintainance for me and daughter as he never took any responsibility of us though he used to visit here once in 2 yrs and in between a gap of 4 yrs. But he never talked to me about settling down.  This maintainance was applied mainly as nothing was done from here. I am not working. My father is retired.

Now I would like to know that the maintainance case is applied and so he will definitly say that he is trying to take me so may avoid the maintainance.

My main question is that as I didnt go to other state for to attend the court, can I shift that case here to my local area? How this can be done ? And if I will not go at all and I will be declared exparty then even after the court order to me to go and join my husband if I will not go to join him then will police will come and forcefully take me there to my husband? Or what such severe condition will I have to face? Or if I will go and attend the court there then after proving that they are wrong can I get justice or divorce(how?) mainly no foring on me to join husband. And also about my maintanance, if he will not come here to the court then what will be the next step?

Kinly reply to me about these questions as I want to take the correct steps as now already my life is spoiled but now how to come out of all these problems.


Thanks and Regards!



 10 Replies

Arvind Singh Chauhan (advocate)     09 March 2011

Power to transfer case from one state to another is only with the Supreme court.

If it is decided exparte Nobody can force you to live with your husband. But a decree against you may adversly affect your matrimonial rights ahead.

1 Like

snow (xxxxxxxx)     09 March 2011



As u r a women and u cant travel all the way to a different place for every court hearing, u can request for transfer of case to ur place, consult ur advocate. If u really r not interested in joining ur husband, file a divorce case and maintenance case.

Ur husband should bear ur and ur daughters expenses.

P.S:If u r looking for maintenance, go for one time settlement as it is difficult for u to get the money monthly even if court orders ur husband to pay u. there are many pro's and concerns in this, talk top ur advocate about this.

1 Like

viji (Executive admin)     09 March 2011

Dear Sir/Madam,

To prove that the husband is working in a particular company is it necessary to send a petition asking for the details of the husband?What if the notice is not accepted by the husband?What if it is returned?Will it help for claiming maintenance?If sufficient documents are provided for claiming compensation is it not the onus of the lawyer to prove that the husband is liable to pay the wife.(Restitution of and money).What if the wife is not financially sound to even pay her fees?

Rekha Sharma (.)     14 March 2011

Thank you very much for all those who replied my query.

Now I want to know that as I received the restitution of conjugal rights notice from court (my husband filed) which my mother received. But I didnt attend the court as it is in other state. Now again court send the notice which we didnt receive as we wnt out. And now the postman may try further but as we are going out now itself for few days the notice may be returned. Then what will happen? Will I be declared exparty? In between I would like to transfer the case to my state. How to contact supreme court? How many times will the notice be send to me if I will not  be at home? Then if I will not at all attend not by staying at home then what will happen?


I would also want to know about where to claim the maintainance recovery which my husband never send since past 10 years. Also where to claim for dowry recovery? Where all these can be filed? I heard in Graha himsa court? What is it and let me know what to do in the present situation as I do not want myself to be declared exparty as I never took any maintainance or dowry or anything.
So now I want to claim my dowry and recovery of maintainance for which I have to return the money to those from whom I took. And mainly for how long I can avoid attending the court there in other state.

Thank you

Rekha Sharma (.)     27 March 2011

Originally posted by :arvind
Power to transfer case from one state to another is only with the Supreme court.

If it is decided exparte Nobody can force you to live with your husband. But a decree against you may adversly affect your matrimonial rights ahead.

Rekha Sharma (.)     29 March 2011

I want to apply for the transfer the case by supreme court but before that I want to apply for maintainance so that the chance of transfer may increase by saying that I have filed maintainance and both are to be heard together and also that I cant travel so long again and again. Is it correct or shall I apply directly for transfer. On what basis my case can be transferred easily? Can I also mention that I have bp also.

also let me know that as my case is still in the court as not send to my husband side. So can I proceed with other lawyer with other matter (As I want to change the matter in it.) Or I cant submit other papers but will have to proceed with the earlier ones only?


Arup (UNEMPLOYED)     29 March 2011

 restitution of conjugal rights If declared exparty?

----      you both the spouses shall have the right to claim for divorce, and you will lost maintenance.

Raj (fr)     29 December 2012

Can one file petition of RCR in a District Court from the place of residence or it should be from the place of marriage ,as the first point in the RCR format is:
The Petitioner, named above, states:
1. That the petitioner was married to the respondent on . . . . at . . . . . . . . . . within the jurisdiction of this Court.

Members having first hand experience may kindly guide

Msk-need -nuetral- laws (self)     29 December 2012

Dear Rekha,

You typically left it too late to recover many things. Ok let us take your situation practically. From your posts it appears you are not interested in continuing the marital life. your husband filed RCR and what is the status? If exparty decree awareded and lapsed one year already, legally you lost already. Because you cannot claim maintenenace, and he will be awareded divorce, on his pettition where he has strong case of RCR exparty. If it has not elapsed, file divorce but forget maintenance for you as to what evidences you hold currently for your separation. you know continous 7 years separation is the strong ground for dissoultion of maariage. On that ground your husband has upper hand unless you have strong evidence to suggest that he deserted you willfully. However your daughtes have claim for maintenance if they have not crossed 18 years.

wonder many wives after 7 years os separation get woken up.. what they were doing all those years?

Judiciary is only for thsoe who is awaken.



Sudhir Kumar, Advocate (Advocate)     01 January 2013

wy you husband deserted you .  Some facts may not be appearing relevant to you.  Please come out clearly.  Send PM if not interested to discuss on open forum

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