Restitution of conjugal rights
my wife leaved my home from oct 2015 i tried several times but she refused ,then she register a nc in police station about beating her and registered a complaint against me in woman commsion . she says many times that she want to come home before the office of mahila aayog but later she declines it by giving various date.i have send a legal notice in favour of restitution of conjugal .she or her lawyer didnt responded it ? what should i do now ?
You should have filed RCR by now. Anyway even now file it.if she really wants to come back or not that will be clear and the case will help you also in Women Commision etc. If she says she doesn't want to join matrimonial home it will be very good ground for divorce if you so desire.
For details and or legal help if you so desire may contact through this website
You first decide what you want to do ?
First Do you want to cohabit with her ?
Secondly do you still feel that there are chances of reconciliation ?
If above two questions are positive then go for restitution petition
File Divorce petition
If you still have queries then feel free to contact me
If you are desire to live with her then you may file suit for restitution of conjugal right under hindu marrige act
If you desire make divorce to your wife then , when she replied in petition to not come with you ,then you may file divorce petition on ground of cruelty
Till the time your domestic violence case is not decided the court will not be able to pass a decree for restitution of conjugal rights, because the court has to be satisfied that there wasn’t any rational reason as to why your wife deserted you.
Here it is a case of domestic violence against you. The court will presume that you have been harming your wife and in order to protect herself she is living away from you. YOU have to first prove that there was no act or omission that led to injury or harm or threat to harm your wife physically, mentally, sexually or financially. However, the burden to prove that why your wife has left will lie on your wife.
In Domestic violence case you need to prove that you didn't harm your wife, while in the RCR, she needs to prove why she deserted you.
The decree of restitution of conjugal rights can be enforced by the attachment of property, and if the party complained against still does not comply, the Court may also punish him or her for contempt of court.
When you successfully disprove the domestic violence allegation against you, you have the option of filing a case of malicious prosecution against your wife for the frivolous case against you.
For malicious prosecution you must prove:
1) That you were prosecuted by her (ie due to her complaint).
2) That the proceeding complained was terminated in your favour
3) That the prosecution was instituted against without any just or reasonable cause.
4) That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.
5) That you suffered damage to his reputation or to the safety of person, or to security of your property
You have to prove that you suffered damages as a result of the prosecution and complaint. Even if the proceedings terminate in favour of your wife, you may show you suffered damage as a result of the prosecution. The damages may not necessarily be pecuniary. It can be: 1) The damage to your reputation; 2) Physical damage to you, i.e., danger of losing your life, limb or liberty 3) Damage to your property, being forced to expend money in unnecessary charges, to acquit yourself of the crime of which you have been accused.
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