Restitution of conjugal rights

Question

Restitution of conjugal rights

15-Jun-2023 (In Family Law)

My husband had a filed a restitution of conjugal rights in hyderabad.My husband native is hyderabad and i am from bangalore. We were married in blore and have a 6 years old daughter. He is in US right now.I am very much willing to join him but he is not ready to take me. He had filed the Restitution case for some other intention. Now the court passed the order saying that the petition is allowed and directed to join him with in 3 months of the order passed. 1) when i checked the case status online it is mentioned as "Nature of Disposal: Contested--ALLOWED". What does this mean? 2) The judge has passed the petition as i requested him that i wanted to join him. But now thing is that he is in US and he is not ready to take me over there. and even if i mail him , i am not getting any response from him. Can any one please please suggest what to do in this matter. I have a 6 year old daughter and i don't want her life to get spoil.I am totally tensed about this about how to proceed now.

Answers (33)

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All Answers

Advocate Bharat Narasgouda LawRato · Accepted Answer · 2017-06-15T16:27:37+05:30

Yes in this case you can do one thing , you can now file a case for restitution of conjugal rights and also maintenance stating that now he is not ready to take and lead married life, further you can file the case at Bangalore itself, if you are interested you are free to contact me for filing of cases and sorting the said issue legally.

Advocate Chandrashekhar Vithal Jadhav LawRato · Accepted Answer · 2017-06-15T17:59:00+05:30

It is the duty of him to take with him as per order of Restitution of Conjugal Rights, you can email to him to join as per order of family court to take help from your parents and you can join his house i.e., your matrimonial home immediately alongwith your daughter.

Advocate Tulsi Karthik LawRato · Accepted Answer · 2017-06-16T09:36:33+05:30

Hello madam no need to get tensed whether you contested the case filed by ur husband in restitution of conjugal rights? Nature of disposal contested allowed means restitution of conjugal rights filed by your husband is allowed so you read the judgement 1st there shall be some directions to both of you..and it is enough that u mailed to ur husband saying that ur ready to rejoin if he doesn't reply means you just go and file recall the order and tell to the court about all the new developments what is happening exactly. Thank you

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2017-06-16T10:45:01+05:30

No tense, please. Be relaxed. Things will turn in your favour. Issue a legal notice to your husband and intimation to concerned Embassy about the Court order (certified copy to be enclosed) and express your intention to join your husband. Approach the Court also and submit the same before the Court and ask it to issue a notice to your husband to take you. More in person.

Advocate Sandeep Hegde LawRato · Accepted Answer · 2019-06-13T00:32:33+05:30

Court will issue summons and as soon as she makes her apparence, when both are present at the court, the Hon'ble court will refer the matter to mediaton for settlement.
if matter is not settled in the mediation she may choose defend the same and may continue litigating.

Advocate Vivek Mishra LawRato · Accepted Answer · 2020-03-02T20:44:37+05:30

your wife filed an application under section 9 of HMA against you
if you don't personally before appear before court or file or file reply on given date
will it negatively affect your case or in any way can the delaying positi9 impact your case

Advocate Vimal Kumar Pandey LawRato · Accepted Answer · 2020-03-03T02:09:59+05:30

Hello....
It will not go negatively anyway practically...
but you will receive summons to appear..or it can be done through lawyer...but delaying is not the solution...
You can contact me with more information...
Thank you

Advocate Tushar Bahadur LawRato · Accepted Answer · 2020-03-03T16:47:00+05:30

Dear Client,

Once the notice will be issued by the family Court or by any other Court in the form of summon. Then it will be always be the duty of the person against whom the notice is issued to appear before the Hon'ble Court concerned either personally or through a legal representative. In case if the notice found deemed served to you the court will then proceed ex-parte that is without recording your presence.

Advocate Nitin Verma LawRato · Accepted Answer · 2020-03-07T18:48:40+05:30

hello dear ....koi negative affect ni hga ..bhut aapne notice receive Kiya h ya nai wo b depend krta hai aakpe upar...agar koi notice receive ni Kiya aapne tb kuch ni negative hga..aur agar KR b liya hai tou b itna kuch ni hga galat aapke saath

Advocate Arvind Agrawal LawRato · Accepted Answer · 2020-03-19T19:26:50+05:30

Non appearance in any case Registered against you,in which notices have been served upon you definitively effect your case. It is better to appear in the aforesaid proceedings and if this is not possible in any circumstances then you can move a transfer application under Section 24 of c.p.c.If you will file a transfer application with good grounds then there is every probability that proceedings of Section 9 of H.MA may be stayed by Honble High court.

Advocate Dhananjay Ravikant Gangawane LawRato · Accepted Answer · 2020-03-27T11:14:09+05:30

Dear queriest, as per your query you want to transfer your case, question is where you want to transfer your case? is it within the state or in another state, and the dates of hearing are rescheduled, kindly check latest notification of the Honorable court. please feel free to call me for further information.

Advocate Mita Banerjee LawRato · Accepted Answer · 2020-06-11T08:01:03+05:30

Madam
According to the law of our land both your husband and in-law are subjected to face penal provisions as well as their act also violated cardinal principal of our Constitution of India we all free to express and maintain and follow and perform our religious beliefs.

this is the high time to take legal steps, because domestic violence also takes place.
for any further details please feel free to contact.

Regards
Mita Banerjee
Advocate
High Court Calcutta

Advocate Kanina Chatterjee LawRato · Accepted Answer · 2020-06-14T19:37:35+05:30

You can file petition for restitution of conjugal rights under special marriage act in district court and get an order compelling your husband to stay with you and he cannot avoid his marital obligations on grounds of marriage. His family has no right to keep you and your husband separated as marriage has already taken place.

Advocate Bhojappa Kallihala LawRato · Accepted Answer · 2020-08-06T14:23:42+05:30

Yes, If you don't want your husband then go for mutual consent divorce petition. If you want your husband then file a petition for restitution of conjugal rights. You have option to lodge a complaint against your husband for the offence of cruality. You can file case for maintenance. plz contact for Further information and legal assistance.

Advocate Shridevi Bhosale LawRato · Accepted Answer · 2020-08-08T12:26:31+05:30

Hi,

So if you want to give a chance for saving marriage, you can file for restitution of conjugal rights and try or even try to talk to him and settle the issues before even going to court. In case of either of you chose to initiate court process and files a case , you even can settle the matter at court at a later stage too, as the courts will refer matters for mediation which is platform for any kind of settlement between you both.

We can advise you better if we get to know the contents of his legal notice and reply to the same sent by and also upon understanding from you the actual problem in the marriage.

Feel free to revert for any help regarding the same.

Regards
Shridevi Bhosale
Advocate

Advocate Mohd Atik Iqbal LawRato · Accepted Answer · 2020-10-19T15:21:46+05:30

you should content restitution case case filed by him against you in court and you may file case of domestic violence through an advocate against him and his mother. There in you may also claim Mentainance.

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2020-11-13T11:13:47+05:30

Dear Sir,
Nobody can influence the family court and if any adverse order is passed then you can go to High Court. You may file DV case and enter into the house of your husband and ask the court to give production and even your parents-in-law will be asked to reside outside the house that is in a rented house.

Advocate Samina Mirza LawRato · Accepted Answer · 2021-03-22T23:24:43+05:30

yes. the wife can proceed with restitution procedure. As husband's family is not ready to initiate any reconciliation process, then the wife is left with no other option but to proceed with restitution procedure. husband may resort for divorce procedure but that will not be an obstacle for wife to proceed for restitution.

Advocate Shweta Joshi LawRato · Accepted Answer · 2021-03-23T18:18:34+05:30

Hello Madam! The foremost importance of the Application for restitution of conjugal rights is to ask husband to reconcile your relationship whether divorce case is pending or not. It is all together different issue so it can be initiated at any stage after separation.

Advocate Manoj Mulchandani LawRato · Accepted Answer · 2021-03-24T10:18:21+05:30

Yes definitely she can file restitution petition as per the provisions of Hindu Marriage Act. And there is no need for waiting for any specific period like it is mandatory in Divorce petition. You can move instantly.

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2021-11-30T09:27:20+05:30

Dear Madam,
You can execute decree of RCR by attaching his properties and taking help with the Police you may enter into your husband's house. In this regard you may file application under Section 151 CPC requesting the Court to issue directions to the Police to facilitate you to enter into your husband's house or attach his movable and immovable properties. Approach a cilvil advocate knowing Execution Law.

Advocate Bhagya C H LawRato · Accepted Answer · 2021-11-30T11:56:22+05:30

you have to file s Excution case againest him so and isssue notce him and take action againest him if you want any legal help contact me thank you for r asking a question and when your order is passed and your divorce caseboending in the he court so you will take a step I n divorce case also

Advocate Ashok Kumar LawRato · Accepted Answer · 2021-12-02T16:15:04+05:30

You are having a valid court decree and judgment. Please send a notice to your in laws and as well as your husband that as per the decree and judgement I am ready to come and join with you or inform me the date to come home.
According to the reply, you can proceed further for execution petition.

Advocate Dhananjay Ravikant Gangawane LawRato · Accepted Answer · 2022-05-21T15:33:41+05:30

Dear queriest as per your query you have mentioned that you want to transfer the case from Mumbai to Bangalore as you have filed for restitution of conjugal rights and so need to transfer for your conveniency, for the same you have to file before the Hon'ble Supreme court to transfer from one state to another. for more information about the same kindly contact me.

Advocate Pankaj Bajaj LawRato · Accepted Answer · 2022-11-09T12:28:32+05:30

Well, if you have changed your mind to live with him, then you have to prove to the satisfaction of the court, that, now, you are really interested to live with him and perform your duties as a wife, so on affidavit, you can give to the court that you will engage yourself in conjugal relationship with your Hubby, then the case will immediately get over.

Advocate Bhagya C H LawRato · Accepted Answer · 2023-03-08T08:35:59+05:30

okay I understand you're questions so now you want to file a conjugal right case section 9of hindu marriage Act right so yes it is issible some required documents is important to it so if you need any legal help contact me thank you

Advocate S.K Prabhakar Shetty LawRato · Accepted Answer · 2023-03-08T10:49:12+05:30

you can file a suit for restitution of conjugal rights. Has your wife filed any case against you.? How long you are married and are you able to provide necessities to her if she comes back ? your not being able to talk can be managed.

Advocate Navya LawRato · Accepted Answer · 2023-05-21T06:39:15+05:30

The abandoned spouse/partner will have to issue a legal notice through a competent advocate asking the other spouse to return or else he/she will be bound to initiate legal proceedings to enforce the rights for restitution. (For example : if marriage was under HMA then under section 9)

The abandoned partner (petitioner) will file the restitution suit in the district court. Later the petitioner assigns the case to the Hon’ble High Court.

Both the parties shall be present before the court on their given dates.

Both the parties will be sent to a ‘counseling gathering’ by the court.

Finally, the court shall pass a decree based on the description given by both parties.

Advocate Somashekar S. M. LawRato · Accepted Answer · 2023-05-21T11:46:57+05:30

you can file immediately after you get order you can to your husband house or you can file other case for residence rights as per DV case it may take near 2years if any children as per wedlock? if yes you can file maintenance case also if you want

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2023-05-21T12:05:08+05:30

Dear Madam,

Application/Petiton for Restituion of conjugal rights is waste exercise. Better go for filing DV case against your husband and all family members. 498A of IPC and dowry harassment case and maintenance case.

Advocate Nitesh Kumar Singh LawRato · Accepted Answer · 2023-05-30T23:20:42+05:30

madam you can file a case of restitution of conjugal right in family court and ask to stay with your husband
you can also file one maintenance case till this case got over to maintain yourself
if your not in position to maintain your needs.

Advocate Somashekar S. M. LawRato · Accepted Answer · 2023-06-16T18:00:59+05:30

if not appears after service of summons from the court than court can placed exparty than without respondent court can move the case and after lead the petitioner evidence than as soon as court can pass the order

Advocate Hemlata Nageshwar Pitlewar LawRato · Accepted Answer · 2023-09-02T17:59:48+05:30

The courts have held that Petitions under Restitution of Conjugal Rights can also be resisted using Sec 23A on the grounds of desertion. Similarly any petition can be resisted and countered with a claim of Adultery, Cruelty or any other grounds available in Hindu Marriage Act.

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Restitution of conjugal rights

Contested allowed in bail application

contested allowed meaning in court

Contested disposed meaning in kannada

nature of disposal contested--rejected meaning in hindi

contested, disposed meaning in hindi

Contested disposed meaning in court

Allowed otherwise meaning in law

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