1st Wife refused leave together and filed 498a,494 to insist divorce
ZAHEERUDDIN
(Querist) 29 January 2011
This query is : Resolved
Sir,
I married my close relative cousin sister on 20.10.2007 and after 3 months of marriage, without any reason she refuse to come to my home and was with her Parents, after many request by way of letter and with the help of relatives, she came and atlast 5th time she went with her Father saying she will return in a week time. But she failed to return. Finally I filed a petition at Shariat Jamaath court requesting to make us to leave together. This went for 6 months and finally they order me to leave with my wife for few months at her Parents home at weekends. But this also stopped by them saying, I'm mentally affected.
In the meantime after few months, a Marriage in my locality was stopped from groom side, just few days before to marriage date. And after checking the legal procedures and speaking with the Bride and with her family disclosing all my matter about 1st wife. I married the Bride. But to my surprise, my 1st wife insists for divorce saying, they were to join with me and meantime, I went for 2nd marriage. Also they want Divorce from my end to get their divorce settlement benefit. I refused and insist to leave together.
They tried illegal ways to get divorce by gundagry and also filed a petition under 498a & 494. But after getting A.B from Madras High court, finally they failed.
Now I want to leave with my 1st wife also. Please advise me, can I file Restitution of conjugal rights? to retain my 1st wife relation and also to try to leave with her.
Thanks
ZAHEERUDDIN.M
Devajyoti Barman
(Expert) 30 January 2011
Yes you can file suit for restitution of conjual right against your wife which is permissible for person of Muslim faith as well.
