Legal Question in Family Law in India

Divorce case - restitution of conjugal rights

Hi - my wife and I lived in USA for 6 months after marraige, decided marraige is not working and moved back to India to get a divorce on mutual grounds.

Upon reaching here, she started making crazy demands for money (she wants something like 40L) which I do not have. So after arguments, she has filed a case for dissolution of marraige.

My attorney advised me to apply for ''Restitution of Conjugal rights'' to lessen the damage. I did the same.

Now my question is - what will happen if she agrees to my petition? I am NOT interested in pursuing this relationship further and know that she isnt either. But she might do that just so she is able to find some other way of making money.

Please advise! Thank you!


Asked on 4/16/09, 4:37 am

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce case - restitution of conjugal rights

you need to amicably settle your problem and decide about divorce and monetary matters.

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Answered on 4/21/09, 7:50 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce case - restitution of conjugal rights

Hello.

Good Afternoon!

You should take advice from your attorney as he is handling the case.

In case of need please contact personally alongwith the details.

OR

For further query please mail.

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Answered on 4/17/09, 6:14 am

Re: Divorce case - restitution of conjugal rights

Your advocate has wrongly advised you.You have committed a mistake by filing RESTITUTION OF CONJUGAL RIGHTS when your wife had already filed for dissolution of marriage. By filing restitution petition you have condoned all acts of cruelities committed by your wife. It is better that you withdraw your petition for Restitution of conjugal rights and donot contes the case filed by your wife.Let her get marriage dissolved which will serve your purpose to get rid from this relation.

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Answered on 4/17/09, 8:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce case - restitution of conjugal rights

To avoid confusion and contradictory opinions, you may better consider sticking to your counsel's advice, more particularly when you are already conducting two court cases.

However, an amicable out of court settlement may be a better option.

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Answered on 4/16/09, 5:13 am


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