Conjugal rights
Querist :
Anonymous
(Querist) 07 March 2022
This query is : Open
Hi all,
I got married 3 months back, and after a month of our marriage, my wife moved to another country for her studies. It was told to me before our marriage only as she had taken up admission back in 2020 but due to COVID, the sessions were not taking place, this being a 2 Months DIPLOMA COURSE in MAKE-UP. While in India she has her own Salon Business too, which even though was in existence since 2019 wasn't doing great due to COVID related crisis. Now, the thing is I am a MBA and I had forwarded my help in Marketing and Sales related issues for her business, which she duly declined (it being her own business I also complied to the same). My wife had no intention before to sell her business, but pretty recently she had expressed to sell off her business and move out of India to settle and work in UK (which she got from her college where she got a placement opportunity). All this being said, she had not told or discussed with me nor does she want to talk to me regarding this. This just being 3 months into our marriage. She had pre-planned her studies hence it was not within my rights or her's to talk about it, but now with her plan to just take up a job without even discussing it is somewhat not within my conjugal rights, I would quote some,
Under section 13 of the Act, cruelty and desertion are grounds for divorce. These are grounds for judicial separation as well. In cases where the wives' employment at places other than the husbands' place of residence and job has led to marital disharmony thereby leading the husband to file petition for restitution or divorce, the issues raised have been:
(a) does the wife's withdrawal from the husband's society to pursue her job, "without reasonable excuse", entitles him to a decree of restitution of conjugal rights against her?
(b) does it constitute 'desertion' within the meaning of section 13 so as to entitle the husband to a decree for judicial separation or divorce?
(c) is such a wife guilty of cruelty to her husband, under section13, thereby entitling him to seek judicial separation or divorce?
In one such case, viz- Gaya Prasad v. Bhagwati ,AIR 1966 MP 21, case, the trial court had conceded the wife's right as it was necessary for her to work because of financial circumstances, since the nature of her job required her to stay at a place different from her husbands' it could not be said that she had unreasonably withdrawn from the society of her husband, according to the trial court. On appeal against this by the husband, the order was reversed and the high court held:
Merely on the ground that the husband has small income and the wife if she is allowed to serve at a place away from the marital home can substantially augment the family income, cannot be held to be a sufficient reason to deny the wife's society to the husband. Nothing in Hindu law warrants the adoption of such a course.
In continuation, in my case my wife has herself chosen to work outside after selling her business without even trying to consult me on this while I am left in the dark and deprived of any conjugal rights, also I have forwarded my own help in terms of my knowledge to help her but she refused to do so and without consulting has taken up the job, while I may not have a very high salary but is enough to take care of her, while she reasons that she doesnt want to stay with my family nor does she want to leave all her lifestyle.
LCI members, can anyone guide if I can seek to revoke her passport against violation of my conjugal rights.
P.S. - I am not taking up any case against her as of now.
Querist :
Anonymous
(Querist) 07 March 2022
EDIT 1 - If my wife refuses to share any details of her employment, am I under any judicial upperhand in asking her to divulge that.
EDIT 2 - Since our marriage we have been staying away from My home, and she refuses to stay with my Parents, while once she just expressed to stay with me near my home but then also she never mentioned about her taking up the job, which I believe is against the CONJUGAL RIGHTS. Am I eligible to revoke her Visa & Passport in view of that.
Querist :
Anonymous
(Querist) 07 March 2022
Kindly Anybody who can help
kavksatyanarayana
(Expert) 07 March 2022
As per your statement, you got married only 3 months back. For filing an application for divorce, the period shall be at least one year. If both parties mutually agreed and file for separation, the period is six months but it may not be considered. So wait for some time, in the meanwhile, you amicably settle the issue with her, if not you both mutually agree and file suit for separation.
SHIRISH PAWAR, 7738990900
(Expert) 08 March 2022
Hello,
Your wife has chosen her way of life without you. So it is better you apply for divorce after completion of 1 year. Your wife may be ready for mutual consent divorce. You cannot revoke her passport for violation of conjugal rights. It is better to take divorce and get married to someone else. Yes, you may try to resolve the dispute by discussion or convincing your wife till the completion of one year.
Dr J C Vashista
(Expert) 09 March 2022
Too long a story
Be brief and specific to the facts vis-a-vis query for consideration and obligation of experts.
It is better to consult a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.
Querist :
Anonymous
(Querist) 09 March 2022
Dr. Vashishta sir,
Thanks for your words, I had to write this long a story describing the issue to get a proper suggestion. I thought skipping some facts and situation might not give me a proper reply. I hope you could read the whole and suggest me something.
P. Venu
(Expert) 09 March 2022
You need post only facts that are material. Not a long story.
Querist :
Anonymous
(Querist) 09 March 2022
P.Venu Sir,
Thanks for your suggestion. I understand the same, but as there are many intertwingled facts I was compelled to explain, the matter as it folded out, hoping that I could make my points clear.
