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R Muralidharan (Accounts Consultant)     17 August 2008

Family Matters - plight of a girl

A girl is evicted from her husband's house by the persistent efforts of her mother in law.  Husband is tutored well by the inlaws saying that she has gone on her own and has to return by herself.  He is being advised by the in laws that she should be equal to his qualification and earnings.


It is almost 3 months she is away from her husband.  On the instructions of the in laws husband does not respond to her calls.  The elders tried to passify things by correspondence and personal meetings impressing upon the husband and in laws, that she really wants to reunite.  But the in laws put non practical conditions for reunion.


How the girl can establish her conjugal rights under the circumstances.



Learning

 2 Replies

Srinivas.B.S.S.T ( Advocate)     18 August 2008

Domestice violence act is enected for this purpose only. she can claim the right of living in the conjugal house

Pradeep (Advocate)     19 August 2008

Different family laws are applicable to the people depending upon their religion. if we presume that she is a Hindu, Hindu marriege Act- 1955 is applicable to her, whereby she has a remedy under s.9 of the Act for "restitution of conjugal rights"




Section 9 of the HMA reads: Restitution of conjugal rights.- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.


Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.




Hence she can file an application to the district court, asking for a direction to be issued against the husband for restitution of her conjugal rights.


please revert back as to whether you are satisfied with this answer or not


pradeepshenoy1@gmail.com


 


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