Can I file restitution of conjugal rights if wife is denying to stay


Hello, my wife wants to stay away from me because she wants to lead an independent life. I tried a lot however she is not coming and is threatening that If I use Restitution of Conjugal Rights to bring her back, she will file the case for sexual harassment, unnatural sex & will ask for divorce on these grounds but will never come back. We have a small daughter & I want her to come back . I have been sending whatsapp msgs expressing my love, affection, expressing the need of our daughter but she is saying to file mutual divorce & ready to give child custody to me but I want her to come

Answers (2)


83 votes

Yes you can file restitution of conjugal rights petition in the circumstances.It is however, of not much help as you u do not have any protection by filing the petition even after filing your petition she can file dowry, harrasment case against you.


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291 votes

If u file sec9 petition for restitution of conjugal rights she may file divorce...as you said she already told to do...its better u wait n watch n let her calm down...further even if she files divorce for unnatural sex n all it will b difficult to prove..the relation of husband n wife is built on trust n love..even if u get decree in your favour n if she not willing to stay n perform marital obligation court cannot force n monitor.. It will b a futile n unexecutable decree better to wait n watch....

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