Chinna Minchu (.) 15 September 2012

Restoration of conjugal rights

I'm writing on behalf of my cousin, who lives in Australia. He and his wife are permanent residents of Australia. He wants to file divorce in the Indian court on the basis of restoration of conjugal rights. He wants to know if it can be filed in the Indian court when both of them are in Australia. They are Indians and have been in Australia for the past 5 years. His wife holds an Indian passport, where as he holds the Australian passport. He was told that he cannot file for restoration for conjugal rights in India when they both live in Australia. Is that true? Thanks

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 September 2012

Dear Querist,

1. I Didn't quite understand what do you mean by divorce by restitution of conjugal rights. ??

2. RCR can be filed at three places as per S.19 of the Hindu Marriage Act, 1955 - the place where the marriage was solemnised, where the parties last resided together, or where the wife lives.

If any of the above places was in India, Indian Courts would have jurisdiction to decide the RCR Case.

Bharat Chugh - Advocate Supreme Court of India

kumar sachin (lawyer) 15 September 2012

perfectly advised by my lawyerfriends

Chinna Minchu (.) 16 September 2012

Thanks so much for your respons. He is a Christian and married in India, so I'm not sure if its applicable under the Hindu Marriage Act. He and his wife live under the same roof as strangers. It was his lawyer who adviced to file for restoration of conjugal rights and wait for a year and later on file for divorce if there was no change in status. Later on he was told that he wouldnt be able to do so as both are living in the same house. Thats why I need clarification on this.