Restitution of conjugal rights
C.NOWSHAD
(Querist) 11 August 2011
This query is : Resolved
am for husband.. filed petition for restitution of conjugal rights... husband sending money to the wife and children even before the institution of any legal proceedings and even before receiving any demand notice. wife appears in court and represent before the court that she is living seperately due to the cruelty committed by the husband... but the wife came and stayed along with the husband for a while....
is there any citation/judgement/ruling in favour of the husband..?
if so, pls inform..
M/s. Y-not legal services
(Expert) 11 August 2011
Citation for what nowshad? You filed a petition for restitution of conjugal rights. Now the wife living along with the husband. Then what the husband wants more than this?
ajay sethi
(Expert) 11 August 2011
tom what he means to say is that wife is not presently staying with him and that she made staement in court that she is living separately due to cruelty of husband .
am i right mr naushad?
please mention facts in cronological order
Advocate Rajkumarlaxman
(Expert) 11 August 2011
Please put forth your facts correctly as stated by expert Sethi. not able to get your details
M/s. Y-not legal services
(Expert) 12 August 2011
Is it? -but the wife come and stayed with husband for a while- whats mean for this nowshad. Clear us. Right now where is wife?
C.NOWSHAD
(Querist) 12 August 2011
what expert ajay told is correct.. i meant that... right now wife is staying with her parents.. even after she desserted the husband, she visited the matrimonial house more than two times with her children.. if it is right as she claimed that the husband had committed cruelty, why should she visit the matrimonial house..?... so citatiion needed to prove that it is not cruelty...
M V Gupta
(Expert) 13 August 2011
I do not think an occasional visit to the matrimonial house would obliterate charges of cruelty. Still the wife may prove her charges by producing evidence. Cannot lay hands on any precedent immediately. Needs a thorough search which u can make as well.
mathivanan
(Expert) 13 August 2011
wife coming to family abode and living with her husband after a period of separate living mean that she ignored the cruelty on the part of the husband prior to that period. There is a citation given by one of the high court to that extant stating that living under one roof as husband and wife after accusing him with cruelty will not stand. I will come with the citation in a short time.
C.NOWSHAD
(Querist) 13 August 2011
THANK U MATHIVANAN SIR... AM WAITING FOR THAT CITATION....
R.venkatesh Naidu
(Expert) 14 August 2011
Is it? -but the wife come and stayed with husband for a while- whats mean for this nowshad. Clear us. Right now where is wife?
