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kumar (private employee)     30 March 2009

what is RESTITUTION OF CONJUGAL RIGHTS

Hi Guys, I gone through RESTITUTION OF CONJUGAL RIGHTS Document but its purely Technically, Iam unable to understand that document contains fully Law Sections Act Terminology.. Can you help me give short description about RESTITUTION OF CONJUGAL RIGHTS..how it will helpful to me

 



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 11 Replies

Prabhat Kumar (Advocate)     30 March 2009

I think I have replyed you in recent query.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     30 March 2009

      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1[***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.


2[Explanation: Where a question aries  whether there has been reasonable excuse for withdrawal from the  society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the  society.]


            3[***]


COMMENTS


As during the  lifetime of first spouse living, the second marriage is void, the man marrying when his first wife is living cannot claim restitution as against the second wife. Asha Kumari v.Satish Kumar 1990(1)HLR7


In case there is continuous demand of dowry on the part of husband, this would amount to giving reasonable cause to the wife to withdraw herself from the society of the husband.-Narinder Kumar v.Chander Prabha 1990(1)HLR518


Where a suspicious husband writing letters to the wife raising baseless allegations and unwilling to regret in spite of the fact that wife is not willing reconcile, it is not only the husband who is at fault in case the wife denies him his conjugal rights.-A.B.Bakre v.B.S.Bakre AIR 1991 Bom 165


Leaving home by the husband intending thereby terminating cohabitation permanently that conduct would amount to desertion on the part of husband. But, where the husband claims restitution of conjugal rights after a big gap of seven years, there is justification when the wife does not accompany her.-G. Ramakrishna Pillai v.j.Vijaya Kumari Amma AIR 1990 Ker 55.


Where the husband makes the allegation of unchastity so that she is returned to her matrimonial home, and the allegation is not found to be baseless, it was held that this has to be considered along with the persistent refusal of the wife to stay with the husband. In the instant case, the petition moved by the wife for restitution of conjugal rights was not granted.-Ammini.V Kuttappan 1990(1)  HLR 454


In case there is no proper explanation as regards delay in filling the petition of restitution of conjugal rights, application should be regarded as unnecessary and improper- G. .Ramakrishna  Pillai v. J.Vijaya  Kumari Amma AIR 1990 Ker 55.

aamele law (student)     30 March 2009

 Kumar, 


Goto https://498a.org


All your queries related to marriage/divorce/RCR/DV Act are all answered there. Very useful site for ou at this period. 


 


 


 

N.K.Assumi (Advocate)     31 March 2009

 Sir.Perumal , has given enough materials for your query. Simply put, Restitution of Conjugal Rights, is a twilight to divorce, before which the Court attempt its last power to save the marriage, by exercising the power of the Court  by directing the party to resume the duties and responsibility of the Spouse as a Husband or as a Wife.

Ashey   31 March 2009

When a spouse lives separately from the other without any valid reason .. then application can be filed by a spouse in court for an order to live togather with the other , it is restitution of conjugal rights.

ritu bhadana (advocate)     31 March 2009

i agree with all my learned friends

n.k.sarin (advocate)     31 March 2009

I think Mr. Piravi cleard the matter in detail

kumar (private employee)     01 April 2009

Hi Guys thanks a lot and i agree with you all.but even if i filed restitution of conjugal rights then is there any chance she apply for 498 because something angry or revenge on me..

kumar (private employee)     01 April 2009

Guys, I have few questions where need clarity..because women is good when she is soft...once she won;t like things..then there may be chances to go any extent..iam not Against to Women but Opportunity of Law may go Misuse...In my case she not living from 6 months...and no phono calls and no contact..even i contact with her parents...she not coming with solution...now if i approach law..then..WILL SHE GO ANY EXTENT WHERE TOMORROW LAW MAY MISUSE...and Secondly Even restitution of conjugal rights what help it will do to me...She won;t like to stay...Becoz of Law WILL SHE AGREE..How iam going to my my personal Life Happy?...After restitution of conjugal rights applying how long will i wait for solution..i dn;t want RUIN my life because her wrong decision..Plz Give Clarityf..I Appreicate

B.B.R.Goud. ( Faculty)     03 April 2009

i agree with my learned friends.


you need to consult a suitable advocate at your place...


(Guest)

 If wife is neither ready to live with you nor giving you divorce and you also want divorce, as a last resort use the gundas/criminal gangs for handling your father in law. you would have to spend some money but it will save your years. So, she will be forced to give divorce to save her father. Even if you are brought under law, it will be only a simple criminal case, not like complicated 498-a bcoz no women is involved here.

Now a days we would have to resort such means if women misuse law to harass husband and they use the same law to get protected themself.


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