Restitution of Conjugal Rights Petition

My wife never returned home though I persistently called her and begged her. She wanted a separate home but I refused to leave my old parents. We are very well off and my wife is a big officer too. Though we were living separately, we would meet occa... Read More

My wife never returned home though I persistently called her and begged her. She wanted a separate home but I refused to leave my old parents. We are very well off and my wife is a big officer too. Though we were living separately, we would meet occasionally and talk. This went on for a few years. Later she restricted me from meeting my son. So I had to shift to her parents home and I lived there for 2 years. She was happy, son was happy though we never really got back as husband and wife. Unfortunately, my dad died and I had to return to my old ailing mom. So I begged my wife to return home as there was no one to trouble her at home. She refused, but she kept in touch with me. Last year, my son wanted to go on holiday so we even went abroad on a holiday for him. But she later banned me fro meeeting my son. It's been 1 year since I saw or spoke to him. But she keeps talking to me whenever she needs help and I do the same. I still keep requesting to return but she doesnt. Somewhere after she left, I got into an affair with a married woman who is separated (not divorced yet) from her husband. I really loved her and was in the full-fledged affair without the knowledge of my wife. I know its cheating but then I had no physical, emotional relationship with my wife since she left. I kept begging her to come home in the hope of starting a new life but she never did so I continued my affair with the woman I loved. Now, suddenly my wife came to know of the affair, got hold of all emails and pictures my lover and I exchanged and now threatening me for a divorce. I don't want to give her divorce as I really want to try a new life with her. But she is very furious that she was kept in dark for 5 years of affair. I dont know what to do and convince her not to give divorce. What are my chances of avoiding a divorce?
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Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

Conjugal Rights under section 9 of the Hindu Marriage act means the right to stay together, that is if a spouse without any reasonable excuse has withdrawn from the society of the other spouse, the aggrieved party can take legal action in such cases for ‘restitution of conjugal rights’. The aggrieved party can file a petition in the district court. When the court gets satisfied with the aggrieved party’s contentions and when the court finds no reason as to why the aggrieved party’s application should not be supported, the court may decree restitution of conjugal rights in the aggrieved party’s favour. Conjugal rights aim at saving a marriage with the help of court when all the other remedies have failed. You must hire the best Divorce Lawyers in India to help you with your situation and to allow you to start a normal life again with your wife.

However, the fact that you had been involved with another married woman while being in a marriage yourself is committing adultery, which is a valid ground for divorce in India U/S 13(1) of the Act. The burden of proof lies solely on you to prove otherwise. The chances for you to avoid the divorce are very low but you can try to approach your wife on a personal level and then maybe with the help of a mediator. If that does not work out, then your wife has every right and power to get a divorce. In these situations, the court will also listen to the wife as you are the one committing the offence of adultery. You must hire the best Child custody Advocates in India who would help you get the custody of your child in case the divorce takes place.

Answered on 28 Sep 2018


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