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HK (Business)     06 August 2024

Section 9 conjugal rights

My marriage with my wife was based on the understanding and trust that both of us would live in Punjab only. My wife agreed to live in Punjab. After marriage, I had to move to Delhi to my father’s house because my wife needed to serve notice to leave her job. However, we ended up living in Delhi for two years, which affected my business. During this time, I took her to Punjab, but she didn’t feel comfortable there and brought me back to Delhi, where she joined job and started working in Noida (also she shifted noida with all her stuff after giving statement to delhi police that she does not want to live with me..when I made complaint).  Now, she has filed a complaint at the Women’s Cell, where she will try to force me to live with her in Noida. I have now shifted to punjab and am renting a house in Punjab, where my father will also live. I need to file a Section 9 case either from Punjab or Delhi, where my father has sold his self-acquired home, before I attend the Mahila Thana hearing? Kindly suggest as I dont want to live alone with my wife in noida

 

 

 

 

 

 

 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     06 August 2024

The proposed case for restitution of conjugal rights will in no way going to help you or come to rescue even if you get an order in your favour.

You may better wait and watch the developments and decide about continuing the marriage or not owing to her adamantness.

 

HK (Business)     06 August 2024

If I tell mahila thana that I want divorcee, they may take serious action against me. 

T. Kalaiselvan, Advocate (Advocate)     06 August 2024

Why would they take serious action against you when you have rights to file divorce. 

They are not any authority to dictate any terms on you. 

You better take a lawyer with you. 

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Dr. J C Vashista (Advocate )     07 August 2024

Police (Mahila Tahna) etc. has no role, power or authority either in restitution of conjugal rights or divorce, which you may prefer to file Punjab, Delhi or Noida.

No one, including Courts, can compel either of you to live togather in Punjab, Delhi or Noida.

It is advisable to contact, consult and engage a local prudent lawyer for proper advise and necessary proceeding.

 

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P. Venu (Advocate)     07 August 2024

You can file the RCR at the place where marriage was solemnised or the place where you both had lived together last. However, RCR may quite often be counterproductive in the wife being advised to proceed with a slew of litigations.

Yes, Mahilla Thana has no real powers or authority in dealing with the matter. Their role is purely advisory so far the discord is of civil nature.

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