See based on the facts of the petition you can deny same and if you do not want to restitute can mention reason for same and pray for rejecting petition.
Response to conjugal rights
See based on the facts of the petition you can deny same and if you do not want to restitute can mention reason for same and pray for rejecting petition.
Hi,
You have not mentioned your complete case. However from your question it appears that you are facing a case for restitution of conjugal rights. You are required file its response mentioning all facts on the basis of which the petition filed against you should not be allowed.
What is the specific question sir. Congual rights can be claimed if any of the spouse leaves each other and go. You can file RCR petition in family court
if you want to live with your spouse than appear before the court and approach for the mediation or counselling and settled the matter amicably.
if not, than fight on merit.
Feel Free to Call
File detailed reply denying allegations made against you in RCR petition
2) even if your spouse gets a decree she cannot force you to stay with her
Dear,
Section 1[1] of the Hindu Marriage Act, 1955 embodies the concept of Restitution of Conjugal Rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.
Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
For restitution of conjugal rights, have to file civil suit, None act provides relief of RCR to Muslim.
The response to conjugal right is that if you want to live together you should go for no objection otherwise deny for living together in future but for that you must have sufficient ground.