Legal Question in Family Law in India

Restoration of Conjugal rights

My wife has filed a suit against me for Restoration of Conjugal Rights u/s 9 of HM act in Lucknow, India. I filed a counter-claim for divorce in my Written Statement. Suit is pending.

What happens if the court allows her petition for Restoration? There is no way I will live with her. So what are my options? Can I be arrested? Can the court ask me to pay a fine if I don't comply with the Restoration order? Can they attach my assets?


Asked on 6/01/07, 9:48 am

4 Answers from Attorneys

rajeshwar sharma rajeshwarnathsharma

Re: Restoration of Conjugal rights

You have not disclosed the ground of divorce taken by you which is necessary to give you proper advice.

you cannot be arrested if the court passed conjugal rights oder against you .

There is no provision of law whereby court can impose any fine on you and to attach your assests in event of non compliance of of the order.

For further query contect me

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Answered on 6/01/07, 10:53 am
G. M. Gupta gmguptaandassociates

Re: Restoration of Conjugal rights

restitution of conjugal rights are not criminal proceedings or recovery proceedings so be comfertable as nothing of that sort will happen

even after decree you can stay away and that will boost ur divorce.

try to patch up as nothing best then this.

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Answered on 6/01/07, 2:29 pm

Re: Restoration of Conjugal rights

It is not restoration but it is RESTITUTION OF CONJUGAL RIGHTS.Your question is hypothecated/premature one.You both will get opportunity to prove your repective case,so you are advised to concentrate on your case.While deciding the case the court will also consider your counter claim/case. Nevertheless all papers relating to your case are required to be looked into to give any advise on subject matter of your query.

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Answered on 6/01/07, 2:34 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Restoration of Conjugal rights

NO.

nothing to worry.

Non compliance with the order may entitle her to seek divorce and maintenance from you.

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Answered on 6/05/07, 4:50 pm


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