Legal Question in Family Law in India
Restitution rights
Hi, My husband had filed petition for divorce on the ground of mentle cruelty stating that I left his house & troubles his parents. Actually he send me to my parents house to bring money. I had approched Women cell & social service counsellor for restitution. But he refused. I am Working & earning more than him. I have counter claimed for restitution. He is not ready for restitution and don't want to give financial support. If refuse to give divorce, can court force him for restitution ?
6 Answers from Attorneys
Re: Restitution rights
I would advise you to settle this matter out of court amicably.
Go for mutual consent divorce by both of the parties.
Re: Restitution rights
If the petition for divorce is refused by the court, your counter claim for restution could be accepted by the Court.
But it will be difficult for the court to force your husband to accept you back. At the most the court can pass an order which will allow you to reside in your matromonial house and restrain your husband from forcefully evicting you from the said house.
Re: Restitution rights
Court can pass a order for restitution of conjugal rights but can't force him.
Re: Restitution rights
If you are earning more than your husband; and if your husband is seeking divorce, it is the best opportunity for you to get rid of your miseries.
the restitution provision cannot be enforced by the court; even if a decree is passed, the non-execution is a decree is just one of the grounds for you to seek divorce; it does not mean that the parties can be compelled to live together.
therefore, you should withdraw your restitution petition; and try to reach an amicable settlement for divorce by mutual consent of both the parties.
Re: Restitution rights
If you are earning more than your husband; and if your husband is seeking divorce, it is the best opportunity for you to get rid of your miseries.
the restitution provision cannot be enforced by the court; even if a decree is passed, the non-execution is a decree is just one of the grounds for you to seek divorce; it does not mean that the parties can be compelled to live together.
therefore, you should withdraw your restitution petition; and try to reach an amicable settlement for divorce by mutual consent of both the parties.
Re: Restitution rights
If you are earning more than your husband; and if your husband is seeking divorce, it is the best opportunity for you to get rid of your miseries.
the restitution provision cannot be enforced by the court; even if a decree is passed, the non-execution is a decree is just one of the grounds for you to seek divorce; it does not mean that the parties can be compelled to live together.
therefore, you should withdraw your restitution petition; and try to reach an amicable settlement for divorce by mutual consent of both the parties.
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