Dear Jamai Of Law
Don’t give wrong advise to broke Indian society .This is not a labouratory in which we can experiment ,problem comes when you face it .It is ok to advise but in real sitution the thing is different .
Dear Ravi Vyas,
Final Answer ;
When two people are married, they owe obligations to each other. They must give each other company. There must be cohabitation between them. When either of them fail to fulfill such obligations or refuse to cohabit, the other person has right to seek restitution of conjugal rights in a court of law.
Where to complaint :
The civil court in whose local limits,
1. The marriage was solemnized or
2. The husband and wife reside together or
3. The husband and wife last resided.
How to file the case ;
The aggrieved party may apply to the district court by way of petition for restitution of
conjugal rights.
The person seeking restitution must establish that:
a) The other spouse has withdrawn from his or her society;
b) Such withdrawal is without reasonable excuse;
c) There is no legal ground disentitling the petitioner from the relief of restitution of conjugal rights.
The court will satisfy itself about the truth of the statements made in the petition and also that there is no legal ground for not granting the decree of restitution of conjugal rights. The decree is then accordingly granted.
The decree of restitution of conjugal rights will be executed as per the Civil Procedure Code. Appeal may be made to the High Court challenging the lower court order.
Alternative Remedies:
The Legal Services Authority may be approached for legal aid.
Any voluntary organization may also be approached for support.
Dear Jamai Of Law
Don’t give wrong advise to broke Indian society .This is not a labouratory in which we can experiment ,problem comes when you face it .It is ok to advise but in real sitution the thing is different .
Dear Ravi Vyas,
When two people are married, they owe obligations to each other. They must give each other company. There must be cohabitation between them. When either of them fail to fulfill such obligations or refuse to cohabit, the other person has right to seek restitution of conjugal rights in a court of law.
Where to complaint :
The civil court in whose local limits,
1. The marriage was solemnized or
2. The husband and wife reside together or
3. The husband and wife last resided.
How to file the case ;
The aggrieved party may apply to the district court by way of petition for restitution of
conjugal rights.
The person seeking restitution must establish that:
a) The other spouse has withdrawn from his or her society;
b) Such withdrawal is without reasonable excuse;
c) There is no legal ground disentitling the petitioner from the relief of restitution of conjugal rights.
The court will satisfy itself about the truth of the statements made in the petition and also that there is no legal ground for not granting the decree of restitution of conjugal rights. The decree is then accordingly granted.
The decree of restitution of conjugal rights will be executed as per the Civil Procedure Code. Appeal may be made to the High Court challenging the lower court order.
Alternative Remedies:
The Legal Services Authority may be approached for legal aid.
Any voluntary organization may also be approached for support.
