Dear all members
One of my freind is facing problem in his marital life. He is staying with his parents, as they are ageing and need support. his wife is not liking her in-laws (parents of her husband). Sh has left the home and not ready to come back to home of husband. she has put the condition that when her in-laws will leave the home then she will come back home.
In this case what is the role of conjusl rights
Definition of restitution of conjugal right says that
" When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly."
Now a days , it has become a common practice that , wives are forcing husbands for leaving their parents,a nd consequently joint families are spiliting in to nuclear families.
here, it is dual issue, first the conjugal right of men and second, role of joint family in conjugal right,.
1. What is the meaning of Society here?
2. Whether the parents of husband also come in term "society"? becuase in India there is collective society, there is marriage between two families.
3. What are the conjugal rights of men ?
4. Is there any law that can prevent our joint family culture?
5. Kindly share some relevant judgements
Kindly give your valuable suggestion and opinions
With regards
Sincerely yours
Rajeev
2.