Nazp 22 November 2020

Restitution of conjugal rights

Hello,

I m a victim of domestic violence, financial abuse, dowry taunting by my husband, married for the last 3 yrs and have a 2 year old daughter. Fed up of his mental torture for money, I m staying with my parents house for the last 2.5 months during which my husband has been trying all means to get us back like calling through friends, relatives police, ngo's and even sent me a legal notice asking me to come back.

In these 2.5 months, I have not allowed him to meet our daughter as him and his family have threatened multiple times to take the kid away to their hometown which is 2000 kms away from my place.

My plan was to take sometime, think over our marriage, stay away from him and then take a final decision about divorce/last chance to avoid regretting later but he dint let me live in peace in these 2.5 months as mentioned above.

Now he wants to go to court to get us back through restitution of conjugal rights.

I want to know should I file for divorce on my own as a petitioner or should I wait for the courts notice to come to me to appear in court as a respondent when he files for restitution of conjugal rights and then tell the court that I do not want to stay with him and I have enough proof of harassment.

What will happen if he files for restitution of conjugal rights and I do not appear in court after the summons ?

Can he take legal action against me for not allowing him to meet his daughter in the last 2.5 months, he is seeing her through videocall

Thanks

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2 Replies

Dr. J C Vashista (Advocate ) 24 November 2020

Originally posted by : Nazp
	Hello, I m a victim of domestic violence, financial abuse, dowry taunting by my husband, married for the last 3 yrs and have a 2 year old daughter. Fed up of his mental torture for money, I m staying with my parents house for the last 2.5 months during which my husband has been trying all means to get us back like calling through friends, relatives police, ngo's and even sent me a legal notice asking me to come back. In these 2.5 months, I have not allowed him to meet our daughter as him and his family have threatened multiple times to take the kid away to their hometown which is 2000 kms away from my place. My plan was to take sometime, think over our marriage, stay away from him and then take a final decision about divorce/last chance to avoid regretting later but he dint let me live in peace in these 2.5 months as mentioned above. Now he wants to go to court to get us back through restitution of conjugal rights. I want to know should I file for divorce on my own as a petitioner or should I wait for the courts notice to come to me to appear in court as a respondent when he files for restitution of conjugal rights and then tell the court that I do not want to stay with him and I have enough proof of harassment. What will happen if he files for restitution of conjugal rights and I do not appear in court after the summons ? Can he take legal action against me for not allowing him to meet his daughter in the last 2.5 months, he is seeing her through videocall Thanks

The case will be decided ex-parte in favour of petitioner.

Reconcile issues / Settle the disputes amicably with your husband / in-law, save matrimonal institution and enjoy your married life.

P. Venu (Advocate) 24 November 2020

Admittedly, you have not sought any remedy known to law in spite of the alleged wrongdoing on the part of your husband.

On the other hand, you are admitting that have devised quite an effective tool in inflicting marital cruelty on your husband by denying access to the daughter.

Still, you are hoping that the marriage would be saved! How?