Legal Question in Family Law in India

restitution of conjugal rights

my wife and i have been married for the past 2.3 years. we have a 2 month old boy. after one month of the birth of the child she has gone to live in her maternal home. we have a small fight in the family and after this she alsong with her family have been telling me that i have limitations on seeing the child and also with my wife as they have filed a divorce case against me. i have taken care of all my wife's needs during pregnancy and even before and also been with her throughout during pregnancy and childbirth. i was also helping her out during the one month she spent with me at my fathers house. she is not willing to come back with me and live in our own house(not my fathers house). the question i have is can i file for restitution of conjugal rights and if i do it and get the judgement in my favour could this tarnish our relationship.


Asked on 4/08/09, 5:13 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: restitution of conjugal rights

You may consider resorting to amicable settlement. avoid litigation and lawyer. approach friends and family members; meet her time and again and seek forgiveness; in the interest of your family life and your child's future, better you swallow your 'male ego' and decide to settle a happy home. You can, if you make serious efforts. Give this a try, a serious try, without consider legal aspects. You may also meet her family - parents, siblings other relatives - and seek their help. This is a very crucial moment in your family life; you can repair this damage if you act timely, without involving lawyers and courts.

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Answered on 4/08/09, 1:57 pm
ujwala mandgi anantmandgi&associates

Re: restitution of conjugal rights

You can file for Restitution of Conjugal Rights It will not tarnish your relationship. minor fights can be sorted out.

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Answered on 4/12/09, 5:00 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: restitution of conjugal rights

Try to amicably settle the matter and then if it fails, file restitution of conjugal rights.

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Answered on 4/10/09, 8:32 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: restitution of conjugal rights

I would advise you to go for amicable settlement.

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Answered on 4/09/09, 5:40 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: restitution of conjugal rights

You may file a restitution of congugal right and if she refuse to come back you may apply for the divorce.

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Answered on 4/09/09, 11:52 am


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