• Response to conjugal rights

Response to conjugal rights
Asked 3 months ago in Family Law from Vijayawada, Andhra Pradesh
Religion: Muslim

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.

Shubham Jhajharia
Advocate, Ahmedabad
20779 Answers
81 Consultations

5.0 on 5.0

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.

Ganesh Singh
Advocate, Delhi
3269 Answers
9 Consultations

4.5 on 5.0

What is your query, please provide details.

 

Devajyoti Barman
Advocate, Kolkata
18111 Answers
260 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
14413 Answers
24 Consultations

4.6 on 5.0

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

Nadeem Qureshi
Advocate, New Delhi
5362 Answers
260 Consultations

4.9 on 5.0

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

Ajay Sethi
Advocate, Mumbai
68871 Answers
4146 Consultations

5.0 on 5.0

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.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Ask complete question

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

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.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

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.

Netravathi Kalaskar
Advocate, Bengaluru
3731 Answers
18 Consultations

5.0 on 5.0

For restitution of conjugal rights, have to file civil suit, None act provides relief of RCR to Muslim.

Yogendra Singh Rajawat
Advocate, Jaipur
14489 Answers
19 Consultations

4.6 on 5.0

Hi

What exactly is your query ??

S Srinivasa Prasad
Advocate, Hyderabad
954 Answers
6 Consultations

5.0 on 5.0

pls post query in details. 

Mohammed Mujeeb
Advocate, Hyderabad
11620 Answers
4 Consultations

4.5 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
4716 Answers
1 Consultation

5.0 on 5.0

What response?

If you are a respondent then you may file a counter objecting to the petition averments or if you are a petitioner then wait for the respondent to file a counter and then begin the trial 

T Kalaiselvan
Advocate, Vellore
58719 Answers
743 Consultations

5.0 on 5.0

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