Restitution of counjual right
reena thakur
(Querist) 02 May 2013
This query is : Resolved
respected members plz help me
weather art19(1)(g) could be the reasonable cause for the withdrawn from the socity of husband plz suggest me any authority supporting this point
Raj Kumar Makkad
(Expert) 02 May 2013
No. Such article is not meant for the purpose you want to apply.
R.K Nanda
(Expert) 03 May 2013
not a reasonable cause.
Adv. Chandrasekhar
(Expert) 03 May 2013
I respectfully disagree. If the spouses' workplace cannot be the same due to the nature of job, the wife can work in the place far away from husband's place of work to earn her livelihood, which is her fundamental right under Art. 21 of COI. "Matrimonial home" has not been defined in law and as such, the customs followed by the patriarchal society with parochial approach that the husband's place only is the matrimonial home and for discharging the matrimonnial responsibilities, the wife should abandon her fundamental right to earn her livelihood and sacrifice a dignified life cannot be supported in law. So, if wife, due to her professional work has to live far away from husband, it cannot be treated as withdrawal from his society without reasonable cause and cannot raise to the cause for RCR or divorce in favour of husband. After having said so, I must advise that a happy matrimonial life shall prevail by adjustment between the spouses craving oneness physically, mentally and spiritually and not by meticulously interpretating the statutory provisions.
Raj Kumar Makkad
(Expert) 03 May 2013
+Adv. chandu! How can we anticipate the facts of one's case without his disclosure. The definition put forth by you are based just over your presumption and no argument can be made on surmises and conjunctures.
