Restitution of Conjugal Right
Soma
(Querist) 02 June 2010
This query is : Resolved
Husband filed a case against the wife for restituiton of COnjugal right. Both the husband and wife is Govt. Servant. Husband used to subject the wife huge torture. Wife forced to live separately. Wife did not filed any criminal case against the husband.
Now how can the wife defend the suit?
There is no strict evidence of such torture.
The intention of the husband is to torture the wife again.
By what evidence wife can defent the suit?
Raj Kumar Makkad
(Expert) 02 June 2010
even if there are no strict evidence establishing the torture of husband even then wife shall have to establish it as a sole reason not to join the company of her husband. Court cannot insist any wife to restitute the conjugal rights to wife if she has fear of life and property in her mind qua her husband.
Guest
(Expert) 03 June 2010
Courts will believe the wife if she puts cogent reasons and clear examples of cruelty perpetrated by husband. Most of the times, the cruel behaviour oozes out from husband when they are in private within 4 walls and in the bed room. The court is aware of this thing and hence does not insist that wife has to bring eye witness to prove the cruel acts of husband. But the wife's allegations must be specific with full details, i.e., the date and time of the incidents. The court also will not insist that why the wife did not file criminal cases against the husband, because it knows very well that India is full of Sati Savitri and Sita Devies and capable to gulp poison instead of spitting it out.
Uma parameswaran
(Expert) 04 June 2010
Even though you have not filed any criminal cases you can defend the case.
