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How to enforce restitution of conjugal rights


10-Jun-2023 (In Family Law)
My husband had filed for restitution of conjugal rights and even i am intereseted to join.I have a 5 year kid who stays with me. My husband is in USA from past 3 years and his lawyer is handling the case here. I dont have contact number also.He has changed his contact number. I got to know from his lawyers that he is not ready to live together. Case is in the final stage and Judge said that he will be passing the order to join to live together in the next hearing which is in next month. Please advice me on the below points. 1.Let me know once the order is passed can my husband desert me and my child? 2.What steps should i take to join my husband once the order to join is passed. 3.Can he ignore the order passed by the judge and continue to live in USA ? 4.Once order is passed,Do i have a right to stay in my matrimonial home in hyderabad where only his parents and brother live currently.
Answers (5)

Answer #1
962 votes
Hi
In a RCR petition, the husband is bound to respect the court decree.

In the event the husband does not obey the court decree then his properties will be attached by the court.

Also you are entitled to stay in your matrimonial home (along with his parents and brother) once the decree is executed in your favour.

Hope this information is useful.
Answer #2
748 votes
Hello .Madam how many days file case divorce in what stage .You frist approach in senior advocate in your place give good grond on your fever don't neglate them.any help you send full details of the case no .I will give suggestion.
Answer #3
622 votes
Dear Client,
Advise for you on your points. 1. Even order is passed your husband can desert you and your child. 2. Judge will give time to join you and your husband. Even within that time he did not join you then file a petition for enforcement of order of court bringing the fact to the notice of the court that your husband did not respect the order of the court and join you. 3. He can ignore the order passed by the judge and continue to live in U.S.A. 4. Once order is passed you do not have a right to stay in your matrimonial home in Hyderabad where only his parents and brother live currently. The judge will give order to live with your husband and not to live with your in laws or his brother. Try to have continuous expert legal advise.
Answer #4
635 votes
Yes, u can join with him at USA or if u want in Hyderabad itself, I will inform you everything what to do, what not to do, court will pass order in ur favour only if u are interested to join with him
Answer #5
852 votes
1. Once the order is issued your husband can not desert you
2. lets the order get served to him in USA
3.He cannot ignore the order of the court if he do so you file an contempt of court
4.Yes you are having a right to live in matrimonial home

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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