Legal Question in Family Law in India
me and my husband is living sperate since 3 years.now i want to reunite with him.when i tried from my side ,he was not convinced.now i want to know is there have any legal possibility that will make him to stay with me bcos since we have a child i dont want divorce from him
4 Answers from Attorneys
You can file petition of restitution of conjugal rights under sec9 of Hindu marriage Act.
Hello,
You have a perfect legal remedy called restitution of conjugal rights that can help you. This comes into effect when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, then the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on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. In Sushila Bai v. Prem Narayan, the husband deserted his wife and thereafter was totally unresponsive towards her. This behaviour was held sufficient to show that he had withdrawn from the society of his wife, and therefore the wife�s petition for restitution of conjugal rights was allowed. In modern India, the remedy is available to Hindus under Section 9 of the Hindu Marriage Act, 1955, to Muslims under general law, to Christians under Section 32 and 33 of the Indian Divorce Act, 1869, to Parsis under Section 36 of the Parsi Marriage and Divorce Act, 1936 and to persons married according to the provisions of the Special Marriage Act, Section 22 of the Special Marriage Act, 1954. I suggest you contact a good lawyer who can file your petition in court and help you win the case. If you message me your phone number, then we can discuss what your legal strategy should be.
Regards,
Advocate Ashok Kumar; www.lawkonect.com
dear client u can file restitution of conjugal right petition under sec 9 of Hindu marriage act in family court for that. for any legal help call me on 9422611385
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