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Restitution of conjugal rights


19-Mar-2024 (In Divorce Law)
Husband wants the wife back , Wife does not want to come and has filed FIR. .. Its a second marrige for both of them and hence the husband is sorry and wants the wife back.. If not then a divorce. Pending FIR can a husband file for Restitution of conjugal rights and if the matter is lost then can a divorce be applied for.? After husband lost the matter. Will he be required to pay alominoy ? He is not earning and wife is earning. Can alominy be granted in Restitution of conjugal rights matter.
Answers (3)

Answer #1
749 votes
Husband has the right to file restitution of conjugal right to call his wife back and further if she still avoids coming back to her husband then he can file for Divorce. Alimony or maintenance will be awarded after Asset and Liabilities of both the parties are assessed.
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Advocate Amreen Shah

Adv. Amreen Shah

LawRato Mumbai | 50+ Answers
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Answer #2
860 votes
pending FIR u can file petition for restitution of conjugal rights. U can file divorce petition if matter is lost. liability of alimony depends upon facts of each case and it depends upon standard of living during the marriage
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Advocate Mahesh Ashok Jagtap

Adv. Mahesh Ashok Jagtap

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Answer #3
875 votes
Hello, 1. When wife is not coming back to co habit you have to file restitution petition 2. Even though FIR is registered you can still file petition for restitution and divorce 3. Wife can claim maintenance in both proceedings
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Advocate Harshad Garud

Adv. Harshad Garud

LawRatoPune | 400+ Answers
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