Legal Question in Family Law in India

I got married in Feb, 2012 & our son was born in May,2013. But my wife's relations with my parents are not good. So she started living in her parent's house since Feb, 2013 and now does not want to come back and live in the house where I am living with my parents. She along with her parents also don't allow me to take my son anywhere though she herself visits her relatives.

Is their any legal provision like "restitution of conjugal rights" etc so I may get my son & wife back

Asked on 12/26/13, 4:25 pm

2 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

Fist serve a legal notice for RCR. If she does not comply, file a petition u/s 9, H.M.A. In the petition file an application for custody as well visitation right.


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Answered on 12/26/13, 10:23 pm

Section 9 of the Hindu Marriage Act provides for restitution of conjugal rights. It reads as: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.” I would suggest you try to file a petition in Court for restitution of conjugal rights.

A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse.

You will need a good lawyer who can file such a petition on your behalf.


Advocate Pooja

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Answered on 12/28/13, 3:48 am

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