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Devaki   25 September 2019

Husband filed for restitution of conjugal right after abandoning pregnant wife

My Husband abandoned me when i was 5 weeks pregnant, he vacated the rental premises we were residing in even after me and my parents tried to stop him, he took back the security deposit and left with his belongings in June 2018. From that date neither he or any of his family members inquired about my health or pregnancy. I gave birth to a baby girl in Jan 2019 and did not call him to inform that, since there had been no involvement of him. He sent me a lawyers notice asking me to file for divorce in Feb 2019 and in March he sent me a Deed of divorce signed by him, asking to to sign which i did not. I raised a complaint at the commissioners office and when called for counseling he clearly said that he wants divorce and that he will not pay anything in maintenance for the child, since i am earning. Now, in Sept 2019 he has filed for restitution of conjugal rights. Can someone who deserted the wife and seeking divorce file for restitution of conjugal rights? What should I do?


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 8 Replies

Real Soul.... (LEGAL)     25 September 2019

Sister you have to decide ,you want to continue with such a man like thing who abandoned you when you need him most?

However if you think he is changed enough that he will give all that respect and love to you and his daugher ,besides he will never ever desert you then prefer to accept the restitution or otherwise just resist the restitution, present the divorce deed if you copy with you in court and get divorce officially .

If you can maintain yourself  that is fine or just file a maintenance application and recove dues from the date he abandoned you.

Just think about your future seriuosly as this is the time very crucail for you  and think time and agin before taking any decsion.......

1 Like

Lakshya   25 September 2019

First off all its up to you whether you want to get seperate from your husband or want to seek divorce from him. If you want to end the your marriage you may claim maintainance for you and your child as well and you can also made a complaint of 498a in police station.

 

Advocate Lakshya Manchanda

9911194729

email: lakshyamanchanda2709@gmail.com 

Shashi Dhara   25 September 2019

If u don't want to give divorce then go and live with him also you bring it into knowledge of court and their let he submit to court he is voluntarily taking his wife and if he insult her he can be punished as per court wish.

Devaki   26 September 2019

Thanks for the reply, i am thinking of giving him another chance for the sake of our daughter. Can i put my conditions in front of court that if he promises to stop drinking and smoking and takes the responsibility of me and my daughter then I will live with him. Also, do i get to decide where to live? because i donot wish to live with my inlaws because:

1) I never resisded there after marriage because the house does not have a toilet

2) The house it too small for a family of (mother, father, 3 sons, daughter in law & child (me and my daughter), their daugher + son in law who keep visiting always

3) they used to taunt me for dowry whenever i used to visit them during weekends

Devaki   26 September 2019

Thanks for the reply, i am thinking of giving him another chance for the sake of our daughter. Can i put my conditions in front of court that if he promises to stop drinking and smoking and takes the responsibility of me and my daughter (even though i am earning) coz he had earlier refused to take any financial responsibility, then I will live with him. Also, do i get to decide where to live? because i donot wish to live with my inlaws since:

1) I never resisded there after marriage because the house does not have a toilet

2) The house it too small for a family of (mother, father, 3 sons, daughter in law & child (me and my daughter), their daugher + son in law who keep visiting always

3) they used to taunt me for dowry whenever i used to visit them during weekends

Devaki   26 September 2019

Thanks for the reply, i am thinking of giving him another chance for the sake of our daughter. Can i put my conditions in front of court that if he promises to stop drinking and smoking and takes the responsibility of me and my daughter (even though i am earning) coz he had earlier refused to take any financial responsibility, then I will live with him. Also, do i get to decide where to live? because i donot wish to live with my inlaws since:

1) I never resisded there after marriage because the house does not have a toilet

2) The house it too small for a family of (mother, father, 3 sons, daughter in law & child (me and my daughter), their daugher + son in law who keep visiting always

3) they used to taunt me for dowry whenever i used to visit them during weekends

Shashi Dhara   28 September 2019

Yes you can explain the situation before court.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 October 2019

A person addicted to drinking and smoking is not likely to give up. I am all for husband and wife living together. But the narration of your experience is not very encouraging. It is a very difficult decision that you have to take. Have you got brothers and sisters? Consult all close relatives and well-wishers and take decision. I wish you and your daughter all good luck.


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