Legal Question in Family Law in India
I am junior advocate. I have filed first case for restitution of conjugak rights.i am representing petitioner who is the husband. herein wife has left the house for no reason and the marriage is not consumated. Concilation took place she went to house of husband. she stayed for few days.then wife filed 498(A) against husband and in-laws. please suggest me how i can proceed with this case.husband want to tke her wife back. He is a innocent and simple person workin in a shop. i want the ROR should be decreed.please suggest some recent decided high court and S C case.thank you.
2 Answers from Attorneys
regarding the judgments, you need to search on your own depending upon the facts and circumstances of your case. even if you are able to get an RCR decree in your favour, the court cannot compel the wife to stay with him. at this most, this would become a ground for divorce. you may ask your client to go for a mutual settlement and seek divorce in case the wife wants it.
i agree with Adv Gupta