Legal Question in Family Law in India

Restitution of Conjugal Rights

I've been living away from my husband for 2.5 years. Our 4 year old child is with me. He has made it clear that he will not divorce me, but he will put a case of Restitution of Conjugal Rights so I can refuse and he can demand visitation rights to our child.


Asked on 7/08/09, 12:12 am

3 Answers from Attorneys

Re: Restitution of Conjugal Rights

though ur question is not properly constituted but as I understand from ur question u do not want to live with ur husband. this is not a sound idea try to resolve the dispute and start living together. u have a 4 yr old baby just think about her. u ve no right to deprive him of the company of his/her father. now if ur marriage has broken irretrievably then dont waste ur and ur husband's time and get divorce by mutual consent but one thing i must remind u that u may loose custody of ur baby as indian law recognises the father as the first legal and the natural guardian. if ur husband is not in any way incapacitated to maintain and lookafter the well being of the child then it will be a difficult task for you to retain the custody of ur child.

Since u have deserted him (with or without reasonable excuse, u ve not mentioned in ur question)u r already on a wrong footing. Again i would advise u to reunite because nobody in this world is faultless.

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Answered on 7/08/09, 1:42 am

Re: Restitution of Conjugal Rights

What you want. He can do it but there are ways...

Plz provdie your detail also.

Regards

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Answered on 7/08/09, 3:34 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Restitution of Conjugal Rights

Yes, you are entitled to refuse; he may be entitled to visitation rights. he may be required to pay maintenance for you and the child; and failure to pay maintenance may disentitle him for visitation rights.

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Answered on 7/08/09, 6:40 am


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