Divorce vis a vis restitution of conjugal right
hage nibo
(Querist) 26 April 2016
This query is : Resolved
My Client's wife has been having illicit relationship with a married man for the last 2-3 years. On knowing their relationship, my client once punched her hard on the face, to which FIR was lodged against him; however police didn't arrest him. They had an amicable solution with the interference and mediation of our family members.
Now she is having open illicit relationship with that married man. My client lodged two FIRs against that man on the charges of trespassing & adultery and he got arrested twice for the same and released on bail as soon as he got arrested on both the occasions.
Now my client's wife has petitioned for divorce/title suit, What should he do, they have two major college going children and one minor school going. Children are with my client. My client and their children are ready to forgive her and want to live together happily, But she wants divorce at any cost on the ground of cruelty my client that that he once punched her and on the ground that my client is a habitual drunkard. My client has already left drinking 2-3 years back.
Please suggest to dismiss the divorce petition and for restitution of conjugal rights instead.
Devajyoti Barman
(Expert) 26 April 2016
You seem to a alwyer and if that is so whya re seeking assistance from us?
Are you facing difficulty to handle this case?
Then engage a senior counsel in this matter and deal the matter along with him.
hage nibo
(Querist) 26 April 2016
Respected Devajyoti jee,
Knowledge is such that you cannot find its edge or end. Moreover, as the saying goes, many man many mind; your way of tackling and mine may vary. I just thought this forum for exchanging ideas; not merely for solution searching.
I hope you understand. A well known cook may sometime forget to put in salt in its otherwise tasty curry.
Any how, Thanks.
Rajendra K Goyal
(Expert) 26 April 2016
If she is having illicit relation, it is better to proceed with Mutual Consent Divorce.
If not interested for mutual consent divorce , oppose the divorce petition on merits.
