Marriage and Divorce

Thanks a lot for the reply.

Can you please explain to me the meaning of filing restitution of conjugal rights? In the other instance, how will he prove or file divorce on the ground of cruelty? As far as my sister is concerned, she doesn't think that she can stay with her husband anymore. She tried her best trying to adjust for 9 years but now she is of the view that this relationship would not work. We do not want anything from them. She just wants to stay out of any legal hassles. She does not want anything from her husband. She just wants a peaceful life ahead with her daughter. What measures do you suggest in this case. Whether, we should reply to that letter of her husband in any way?

Dear Namita Kapoor,

Yes, he can file RCR petition not divorce case .( in divorce case requires two years continuous separatation. )You said that cousin sister left her matrimonial home in Dec 2008 with her daughter because of the immense tensions and tortures that she was facing there. There after ertain negotiations, she went back to her husband's home in August, 2009.

And But again, severe problems happened in the relationship and this time, her husband left the home in Dec 2009.so,this time husband left home and your cousin also left home and returned to her parents home after waiting for a week for the husband to come back.

Thereafter you said that April 2010, the family of her husband, tried to convince my cousin to return to her matrimonial home..but because my cousin was not convinced about the good intentions, did not return.so,its clear that husband parents are ready to accept you cousin and try to conciliation and its good sin .Therafter you said that in October 2010, she receives an inland letter from her husband in which he writes "You have left me in Dec 2009 (which is actually, not true as he left his home and went to his aunt't place to stay, which compelled my cousin to come back to her parent's place). He further writes that i miss you and my daughter. You are requested to come back". So, parents and husband are waiting for your cousin.My advise is to come back to her husband's home. Give a chance as husband realized wife and daughter importance and he still loves her.

You said that Does this letter means that he intends to file a divorce case on the basis of desertation?

The answer is NO. If cousin sister don’t come back home then probably husband file restitution of conjugal rights (RCR) under section 9 of Hindu Marriage Act, 1955...After marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse. First of all, it cannot be said that the concept of conjugal rights and that its embodiment in section 9 is foreign to the Indian culture and society. It may be borne in mind that conjugal rights. Such a right is inherent in the very institution of marriage itself. The only thing is new is the embodiment of this concept which has been prevailing since antiquity.

The Hindu Marriage Act , 1955 - Section 9

 Restitution of conjugal rights.- Meaning

(1) 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.

(2) Nothing shall be pleaded in answer to a petition for restitution of
conjugal rights which shall not be a ground for judicial separation or for nullity of marriage or for divorce.

Thanks a lot for the valuable suggestion, Kushan.

Because of several constraints, i did not mention in the thread, the type of ill-treatment my sister received for 9 years. Thereafter, also i did not mention the reasons that why she was not convinced to go back the second time. She did get back to them first time thats in August, 2009. But second time, she could not go. She had fair enough reasons for not going back this time. Otherwise why would a girl who tried to adjust for 9 years would loose her patience thereafter when she has also has a daugher with her. She did not receive a single positive note from their side which could motivate her to go back. Infact, his behaviour was still the same, equally rude, abusive and much more. Anyways, she shall reconsider her decision as you suggest. Still, can you explain me the implication of restitution of conjugal rights (RCR)? thanks

Dear Namita Kapoor,

You asked till, can you explain me the implication of restitution of conjugal rights (RCR)? 

Answer Go to https://aravinthanlegal.lawyersclubindia.com/forum/Re-What-is-RCR-how-will-it-affect-at-498a-12151.asp#58070    as this has been already discussed.