Querist :
Anonymous
(Querist) 08 December 2009
This query is : Resolved
Hello, I saw one similar question in this community.
Wife is working in some different place. Husband is working in some other place. Wife is not joining husband. Whether husband can file case praying for restitution of conjugal rights? In such a case whether wife can take shelter of her job? Whether court orders restitution of conjugal rights though she is working?
Adinath@Avinash Patil
(Expert) 08 December 2009
HUSBAND CAN FILE CASE FOR RESTITUTION OF CONJUGAL RIGHTS. IN REPLY WIFE CAN TAKE DEFENCE OF SHELTER OF HER JOB. IT DEPENDS UPON EVEDINCE OF ORAL AND DOCUMENTRY EVIDENCE COURT WILL CONSIDER HUSBUNDS APPLICATION. RESTITUTION OF CONJUGAL RIGHTS IS RIGHT OF HUSBAND AND ALSO WIFE IN MY OPINION COURT WILL ALLOW RESTITUTION OF CONJUGAL RIGHT OF HUSBAND.
n.k.sarin
(Expert) 08 December 2009
The question of restitution of conjugal rights arises only when one of the spouse knowingly avoiding the matting with other spouse and also avoiding the liability towards the family.Here matter is different on an application of husband court can asks from husband that what effort he made for restitution of conjugal rights and when wife deny. court can make order for husband also that he go to wife's place and make restitution of conjugal rights.
Raj Kumar Makkad
(Expert) 08 December 2009
I do agree with Sarin. Place of posting of both at two different place do not mean of any dispute of restitution of conjugal rights. Transfer/posting at different places is part and parcel of service sector but it do not contain any occasion to take shelter of this posing for family liability/rights. Enjoyment of family life is something other than the posting of the service at two different places.
niranjan
(Expert) 08 December 2009
Both of you can meet, who denies ? This seems tobe just ego problem. Find out some way convenient to both instead to clash ego problems.
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