Abinaya Ramanarayanan 14 September 2017

Restitution of conjugal rights

I have already posted for divorce on medical grounds, separation and cultural difference. My husband is calling for discussion in front of elders shortly. But he has already said that he is not interested to live with me. He asked for mutual divorce but im not interested. I do not want his settlement neither his money. I thought of taking my husband to counselling on discussion and will try my level best to convince to live with me. But if he is stubborn, i have no other way but to fight for my right in court. As a first step, ive planned to file a petition for restitution of conjugal rights. Since im an orphan and live separately in hostel, i want to move to my matrimony house. Ive consulted regarding this with lawyer. But if i file this petition, will it be temporary one ie., for certain period of time i can live in my matrimony house and after that i have to move out or i can stay permanently in matrimony house. My second query is if my husband violates conjugal rights ie., if he doesn't allow me to enter into matrimony house, what can be done? Im literally not interested in filing a complaint against my husband or my in laws. My third query is if the court orders for judicial separation and still my husband is adamant and does not change his mind and im interested to live with my husband, what will be the course of action. My ultimate aim i want to live with my husband. This will be the ever statement from my side.Ive a fear that prolonged separation might be the grounds for divorce. Kindly advise

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Siddharth Srivastava (Advocate) 14 September 2017

What purpose would be served if your husband is not interested to live with you? Can you compel your husband to live with you and even if you are able to force him then will he be so caring to you? For which right you are fighting for? Such litigation may be lasted for longer period then it may spoil your life. It is better to sit together and try to arrive to an amicable solution taking care of all your concern and issues. Wind up this issue and think about your better life. There is no reason to waste your life for such a husband. Sidharth 9811776422

Adv Radhika Mehta (Advocate) 15 September 2017

Originally posted by : Abinaya Ramanarayanan

As a first step, ive planned to file a petition for restitution of conjugal rights. Since im an orphan and live separately in hostel, i want to move to my matrimony house. Ive consulted regarding this with lawyer. But if i file this petition, will it be temporary one ie., for certain period of time i can live in my matrimony house and after that i have to move out or i can stay permanently in matrimony house.

It is not as easy as you are understanding it to be. When your husband does not want you in his life, what makes you think that going back to your matrimonial home will be a cake-walk? According to me, he will not allow you to stay there.

My second query is if my husband violates conjugal rights ie., if he doesn't allow me to enter into matrimony house, what can be done? Im literally not interested in filing a complaint against my husband or my in laws.

RCR is one decree which cannot be executed except by way of attachment of his property.

My third query is if the court orders for judicial separation and still my husband is adamant and does not change his mind and im interested to live with my husband, what will be the course of action.

RCR and judicial separation are two different things. Judicial seperation means that you are legally entitled to live seperately from your spouse. If your husband is not interested in the marriage, he can file for Divorce or nullity on the ground of fraud. If the Court is satisfied, your consent or lack of it does not matter.

I would once again advise you to take a good settlement amount and agree for Divorce by Mutual Consent.