Legal Question in Family Law in India

Husbands Right

i am a 26 year old and have a love cum arranged marriage with a girl who is 27. the girl father never liked me, now after a year and 4 months the girl went back and is now saying that she won't come back, i never demanded any dowery and expect nothing, what are my rights in this case? what is my security ? and what should i do?

the girl mother is a suicide case and her father is in srinagar and two younger brothers in jullandhar, its now 2 months since she has been away.

please help


Asked on 3/23/03, 6:21 am

2 Answers from Attorneys

Re: Husbands Right

dear sir, here is what law says and your right- According to Hindu marriage Act under sec. 9 you can file a petition in District courts for Restitution of conjugal rights. which reads as below- 9. Restitution of conjugal rights. -When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

And its on your wife to give resonalbe excuse. If she cant she has to come back and live with you.

best wishes,

Gurpreet Singh

Read more
Answered on 3/23/03, 1:26 pm
Rajendra Babbar Rajendra Babbar & Associates

Re: Husbands Right

If the girl has deserted you, then you can file a petition for Restitution of Conjugal Rights in court of law.If her father has detained her illegaly and the girl wants to live with you then you file a writ of habious corpus before High court Court.Rajendra Babbar Advocate.

Read more
Answered on 3/29/03, 11:59 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India