Legal Question in Family Law in India

Dear Sir,
1 One of my student namely Madhavi, age 29, married with Ranjan, age 39 approximately 8 years before. They got two kids of 5 years boy and 7 years girl. Both husband and wife are in job.
2 After 1 year of marriage they began quarrelling among themselves for money etc.
3 2� half year before in one night Madhavi was brutally beaten overnight by her husband alleging that she had been to have illegal sex with a guy. After that incident she used to live with her father�s home along with her both the kids.
4 After 1 year while living at her father�s home she came into contact with her classmate �Santosh�. They started chatting by mobile, sms were exchanged. While chatting through SMS they talked about physical relation too.
5 Just 6 months before in the month of March 2012, Ranjan and Madhavi again started to live together. They lived just for 1 month. But Ranjan caught some SMS of Santosh in Madhavi�s mobile. So they again started living separate.
6 She became very much upset because Ranjan propagated that Santosh and Madhavi have illegitimate relationship. So Madhavi lodged a complaint in Women�s Police Station but they took bribe and told Madhavi that she herself is guilty of doing SMS with Santosh, and told her that husband Ranjan is no guilty. The police threatened Santosh that he will be put in jail.
Question is -
What should do Madhavi to live along with her husband Ranjan without harming Santosh for those SMS.

Asked on 9/05/12, 5:24 pm

3 Answers from Attorneys

Vishwa Arya Arya & Co.

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madhavi should file for Restitution for Conjugal rights. Talking or chat does not harm the conjugal rights

Answered on 9/05/12, 5:49 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Madhavi cannot force Ranjan to stay with her even if she files RCR and it is upto Ranjan to understand that he has two daughters who need both the parents. the elders may intervene and sort this matter out. And if nothing works out, women cell or mediation center may help.

Answered on 9/05/12, 8:53 pm

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