• Restitution of conjugal rights

What if a wife has filed for a restitution and husband for divorce.Husband and wife have a property on jnt name wherein husband is the first holder and wife is the second holder..the emi is being paid by the husband..the wife is educated and is working and asking for maintainance when tried to sort the matter amicable the wife has demanded for a 100% loan free house.the wife is filling petition on petition and is trying to delay the dates for cross question.
Asked 10 months ago in Family Law from MUMBAI, Maharashtra
Religion: Christian
Both the petitions will be tagged and disposed together by the court. The joint property is owned jointly by both, so either joint owner can cull out his share by filing for partition. To repel the claim of maintenance the husband will have to prove that she is earning. To remedy the delay in the commencement of cross the husband can move the High Court for an appropriate relief.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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is the wife demanding 100% share in the property which stands in joint names, refuse to give it to her on grounds that you are the 1st purchaser and she is only a co-obligant.
If she is also earning refuse to give maintenance as demanded by her. court will in any case allow some maintenance to be paid to her.
In your divorce petition get the court to take note that she is avoiding taking the summons and pray for alternative mode of service, such as affixture, paper publication to move on in the case in her absence.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
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1)both cases would be clubbed together 

2) wife has only 50 per cent share in flat 

3) working wife is not entitled to maintenance 

4) no need to bow down to wife black mail tactics 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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Hi, When the property was registered in the joint names of the both the spouse then both have equal right over the properties provided one of them has to release their right over the property.

2. If the wife is earning and capable of maintaining herself then she has no right to claim maintenance as against husband.

3. She may tried to protract the proceedings but ultimately she has to cross examine the witness.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
What if a wife has filed for a restitution and husband for divorce?
Both the case will run parallel.  Both will try to put for the their best, the court will decide both the cases on their merits.


.Husband and wife have a property on jnt name wherein husband is the first holder and wife is the second holder..the emi is being paid by the husband.
The property shall be jointly owned property.  She may claim the other half too besides her own half share in it.  You do not have to budge to the pressure.

.the wife is educated and is working and asking for maintainance 
Bring this fact before the court and highlight the various settled laws of supreme court that an highly education women cannot sit idle at home and seek maintenance , if that is so the working women cannot even dream about seeking such maintenance.  Working women with handsome salary re generally not eligible for maintenance.


when tried to sort the matter amicable the wife has demanded for a 100% loan free house.the wife is filling petition on petition and is trying to delay the dates for cross question.
You should not budge to any pressure tactics.  Let she file any petition, you can challenge them properly if you have merits on your side.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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she has only right of maintenance and share in joint property [ if separable ] so don't bargain you must contest and try to prove her case baseless. if any of her case is dismissed for want of evidence or baseless allegation you may immediately take this in your defence and pray for divorce on the ground of cruelty. Filing of false cases constitutes an act of cruelty. 

court has power to merge both cases and convert it into divorce or RCR petition. Both cases can run concurrently and later on the stage of evidence it can convert into divorce or RCR. 

If possible try to settle this issue amicably and without interference of court. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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