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Rights of conjugal rights---------------------------------------------
13-Aug-2023 (In Divorce Law)
I got married in 2016 ...as Christina law .... On Dec last year 2016 my husband abused and hit for no reason.5 Dec 2016 I left his house Dec 30th he send me notice ....that leave ur job in one month and come to me ..I refuse to leave my job ....n replied for the same notice...but my husband says he dint get the notice.after 3 months he called me ....we used meet outside he used to have sex with me n after he going home ...he ll put allegations on me that I have affairs outside .. I had face problem with my inlaws My sister in law became to stay after marriage I said my husband I want kitchen different as we have row house ...now he is saying one part of house is given to her sister so I can't make Separate kitchen As my sister in law has her own house ... My husband is saying I can get divorce if I say to make separate kitchen it's easier to get divorce from me
Conjugal Rights mean Right to stay together.
Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
Section 9 is to save marriage.
The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.
The decree of restitution of conjugal rights cannot be actioned by forcefully making the party who has gone away from the society from the other party to live with the one who sets petition for restitution.
Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
Section 9 is to save marriage.
The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.
The decree of restitution of conjugal rights cannot be actioned by forcefully making the party who has gone away from the society from the other party to live with the one who sets petition for restitution.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Yes that is true that you cannot asked for separate kitchen, its amounts to cruelty. Rather you go for Domestic Violence Case and tell your conditions in that. Come to my office for consultation
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Adv. Vishakha R Patnaik
Pune | 25+ Answers
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