LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sprasanth   09 December 2018

Op restitution of conjugal rights and MC

Sir/Madam Op restitution of conjugal rights filed by husband has won the OP wife has to join witth the husband with in one month... but wife not joined with husband and the same op has been marked as evidence in the MC case filed by wife in this scenario what type of judgement husband can expected


Learning

 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     09 December 2018

Dear querist,

 

No court can force wife to live with husband, but she is entitled for maintenance.

More clarity can be given by advocate who is well aware of facts and circumstances of case.

 

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Siddharth Srivastava (Advocate)     10 December 2018

filing case for restitution of conjugal rights is a useless effort and wastage of time. there is no law which can enforce or compel either husband or wife to live with his or her spouse. in divorce case filed by wife court will decide on merit.

sprasanth   12 December 2018

@Siddharth Srivastav Section 18 of the Maintenance as per Hindu Adoption and Maintenance Act, lays down the grounds when maintenance can be granted to the wife while the marriage is subsisting. Here it also adds where the wife will not be entitled to maintenance, as when the wife is unchaste to be one of the factors. Similarly, no maintenance will be given to the wife who deserts husband without reasonable cause. Thus, where the wife fails to prove reasonable cause for withdrawing from the society of the husband or deserting the husband, a ground for maintenance will not lie later on. (6) Meaning of deserts husband without reasonable cause. What it means

Siddharth Srivastava (Advocate)     12 December 2018

Dear Mr. Sprasanth, I donot know why you have referred me personally. Pl refrain from making any such comment. I know the provision but I am not here to get involved in such arguments. The opinion given by me is correct. Pl read 125 cr.p.c. section 24 HMAct and again section 18 & 20 of hindu adoption and maintenance act supported laws laid down by court.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register