• Restoration of conjugal life

Sir, we are from kolkata and married for 4years. since marriage we are living in delhi. Due to job change i had to shift to kolkata in jun'17. however she stayed in delhi on the ground that she is employed in a private school and needs time till sep'17 to join me kolkata. in good faith i accepted. at the time of shifting in sep'17, she went on depression as she has to leave job and has to shift kolkata where job opportunities are poor. due to her request and mental pressure from my in laws i had to accept and allowed her to stay back in delhi and i had decided to relocate again in delhi again. In the meanwhile she started ignoring me and started giving less time. i visited many times in delhi to convince her to stay at kolkata. however she was not ready to leave delhi on the ground of her job. she earns 22k and send 15k every month as her maintenance expenses. meanwhile she also enrolled herself in med and giving me this an reason of not shifting from delhi before 2019. my in laws are in favour of her in staying in delhi. kindly advise what are option i have to restore my conjugal rights
Asked 4 years ago in Family Law
Religion: Hindu

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9 Answers

See in your case seeing available facts it is the job and condition because of that you are not leaving with each other no one amongst you have deserted other, or withdrawn from society of each other still you go delhi she resides with you.

So in a way in your case restitution is not maintainable you both just have a small issue that she does not want to come to calcutta with you so you cannot force her do so in a way in my opinion you have good terms among urself you can settle the dispute among yourself amicable with few adjustments it is not necessary here to go to.court for restitution as in case you go and may court order also then also she cannot be forced to go to calcutta.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) You have full rights of RCR against her wish. As of now you're sending her 15k per month, so unnecessary sending her 15k and she is earning 22k.

2) So if she gets 10K salary job in.Kolkata plus your 15k she will be getting 25k in the Kolkata.

3) you can easily get her RCR and court can.grant her to shift in Kolkata city.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello,

At this juncture i will not give you advice to take legal options . I would like to suggest you to go for counselling and try to talk with her solely .

A counselling session should be of great help in this matter .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

If the present case, you can file for Restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

Section 9 of Hindu Marriage Act, 1955 (HMA) states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You can file petition for RCRu dear section 9 of HMA

2) contested RCR cases take 5 years to be disposed of

3) best option is to file for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Kind of surprise, how can some survive in Delhi in just 22,000 rs. Kol. is also metro city, how come this rational,less job opportunity.

Well, through court seeking RCR is not advisable at present as no such situation at present. Better you should relocate, as comparing to Kol, life of Delhi and atmosphere is more lucrative.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Well, your wife seems to be careerist and being a working woman she is playing the card of an independent woman.

2. So n this issue if she refuses to relocate to Kolkata I regret there is no legal remedy to force her to do so The suit for restitution of conjugal rights would not succeed as for her job only she is refusing to come to Kolkata.

3. So do not think in terms of legal recourse and give a personal touch to this issue and if there is love and affection between two of you the turmoil would soon subside.

All the best.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

What options you have for this?

you may file a petition for RCR for living together with her.

Before that you can issue a legal notice mentioning all the episodes happened so far and and advise her to rejoin you at Kolkata failing which you can inform her of the legal consequences due to her negligence of the married life and conjugal relationship.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Need to find out proper reasons first. After that we can move further procedure.

Payel Ghosh
Advocate, Kolkata
13 Answers

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