Anniie Fernandez (Studying) 02 March 2022

Duty to husband

Before 10 years a couple got married and upto 7 years lived in joint family home. After 7 years they shifted to another city due to change of husband's better earning choice. They started to live in rented a home. After 10 years of marriage they got their first child. The wife went to her parents'home for delivery of the child. After birth of child she demand to stay in joint family home only and refused to come back with husband at their rented home. The husband refused to keep his wife and child at joint family home and demand her to come back with him. Does wife can stay in joint family home without her living husband and/or without her husband's consent?

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3 Replies

Palak batra 06 March 2022

Dear Querist,

Spouses can seek remedy under restitution of conjugal rights if there is no valid reason for the separation or living separately from each other. Sec9 of Hindu marriage act,1955 talks about the restitution of conjugal rights.

The essential elements of section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights) are as follows:

There must be a valid marriage that exists between the parties.

One should withdraw from the society of another.

This withdrawal must be made without any reasonable excuse.

The court must satisfy the truth of the statement that no legal ground exists for refusing the decree.

Under the given facts and circumstances, it depends whether the wife's reasoning for not living with her husband is valid or not and it’s court discretion whether the husband would be granted remedy under sec.9 or not.

Regards,

Palak

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Anniie Fernandez (Studying) 09 March 2022

Thank you mam