• Wife left home as I asked her to leave if she doesn't want to behave

As my wife's behaviour is rude with my mother, I've asked her to leave and go to her parents home. "Stay in the home only if you behave properly with my mother or else leave" are my exact words. She left the home immediately. Would this become a valid reason to deny Conjugal rights, if I apply for restitution in the family court?
Asked 23 days ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

it is not valid reason . every man would expect his wife to respect his parents 

 

2) wife abusing mother in law and forcing husband to stay separate from mother amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

Yes, if this fact is established in court the husband would be deprived of getting any decree of restitution o conjugal rights. 

Devajyoti Barman
Advocate, Kolkata
22910 Answers
496 Consultations

5.0 on 5.0

In my opinion if you want your wife to come back, you should before going for restitution of conjucal rights, should proceed with mediation in Court by sending her a humble writing notice to participate in mediation. 

 

NOTE - In every case, there are two parties who asserts some facts and allegations in support of their prayer or defence, so generally it all depends on the proving and disproving of such asserted facts by the parties at Evidence stage, so you cannot predict before filing the case as you will win or loose.

 

ANSWER TO YOUR QUESTION- No the statement which you have stated cannot be the sufficiant ground for denial of restitution of conjucal rights and you can surely move a petition before Family Court.

 

Vishek Vats
Advocate, Delhi
48 Answers

5.0 on 5.0

Your description is not revealing any specific details, hence cannot give a definite answer. Whatever the context was, you've asked her to leave. She did not leave you at her own will. If she can establish the same before a family court, the court may decide if you had a reasonable cause or not and if it is a fit case for RCR at your instance. Try for a family counseling with responsible mediation if you really want her back.

In many cases, people won't check their faults but point the spouse. Just to avoid such a mistake, check if you have to change your behavior or your parents have to change their behaviors towards her, if she complains that she's not being treated properly. Please don't take it in a wrong sense, I've advised because you said you want to file an RCR not divorce. There's nothing wrong in introspection. 

Srikanth Chintala
Advocate, Hyderabad
19 Answers

Not rated

Greetings. The facts that you mentioned may not be the basis to deny restitution of conjugal rights but she may level false allegations of torture for dowry or mental harassment. it is recommended that you try to talk it out but if you do take the matter to court you can use the following judgement : Rudra Narayan Ray v. Piyali Ray Chatterjee.

The Hon'ble Jharkhand High Court in this case stated that it is obligatory for women to serve their elderly mother-in-laws. The court further stated that the woman cannot put pressure on her husband or make any "unreasonable demand to live separately" in accordance with Indian culture.

 

Thus if we keep in view just the above facts, you may file for restitution and she wouldn't be able to take the defence you mentioned above as fights are part and parcel of marriage and in the heat of the moment several things are said which are not meant.

Hope I have answered to your satisfaction.

Gagandeep Singh Thandi
Advocate, Pathankot
7 Answers

Not rated

Your petition for restitution of conjugal rights will not be maintainable if you admit that you have sent your wife out of your house.

Instead you can talk to her and set up a separate house in rent to live with her by which you can visit your mother frequently to take care of her separately without involving your wife.

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

1. While applying for conjugal rights, it is not required that you shall have to admit that you had made that statement for which she has left your house.

 

2. Even if you admit exactly  what you have stated to her, she might add many extra statements in it.

 

3. So, first cajole her personally if you want to continue with her and ask her to come back.

 

4. Otherwise wait for two years to file a divorce suit on the ground of desertion.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

No. Absolutely no. This can not be a ground for denying the right conferred with under 9 of HMA. The court will direct the lady to cohibit and restore the conjugal rights. Failing which it may amount to cruelty and can become a valid ground for divorce.

Vivek Bhai Patel
Advocate, NEW DELHI
6 Answers

Not rated

Commending wife to leave is negatively conditioned, that is behaving properly with parents. If wife left matrimonial home on instruction, husband can very much seek restitution of conjugal rights. But approaching court at Integrated Family Court Complex, Zehra Nagar, Purani Haveli may trigger her to seek legal help and once she seeks such she may be instigated to take counter action against you. Better to resolve the  dispute amicably out of Court.

Ravi Shinde
Advocate, Hyderabad
4069 Answers
42 Consultations

5.0 on 5.0

No it can’t be ground to deny 

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Hence, her said behavior may be considered as cruelty and a ground for divorce

- If there is no proofs of saying so , then that words will not considered for the denial of restitution of conjugal rights , and further it depends upon your admission . 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Dear client, do not resort to court immediately. First try to talk to her and resolve the issue amicably. Even after that she isn't listening then file an application for restitution of conjugal rights. Don't submit to the court that you have deliberately asked her to go out of the house.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

Dear Client, 

 

The facts provided by you are very less. I you want to file for conjugal rights, do not say that you have said any of these words, you just have to say that she left the home by her own will and have not returned. 

 

But in your case i do not see any issues, the main issue seems to be EGO, just say a simple SORRY even if she was wrong, and get things sort out by counseling, try to talk to her elders.

 

If you are satisfied with the reply, kindly give a 5 star rating.

Regards,
Arunkumar Khedia
Advocate Bombay Highcourt.

Arunkumar Khedia
Advocate, Mumbai
44 Answers

Not rated

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer