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On Restitution of Conjugal Rights?

Family Law Discussion Forum

On Restitution of Conjugal Rights?

Postby tredway » Wed Oct 26, 2011 4:40 am

I was harassed by my in-laws for various reasons, the primary one being on matters regarding handing over my salary to them. 7 months back I went back to my mother's house and I involved my widowed and dependent mother and other elders in the house to handle this situation by talking to my in-laws. However, this did not work. They were never open for discussion.
Instead my husband filed a petition for restitution of conjugal rights. There were a number of false allegations against me and my family in the petition. The most important one being that my mother prevented me from going to my matrimonial home.
In the petition my husband prays the court to restore his conjugal rights on me and expressed his willingness to take me back. But this was clearly to protect him and his family from 498A. When I came forward to talk to him about this - he put 3 conditions (which have not been mentioned in the petition). Some of his conditions were to enter his house only after quitting my job and disowning my mother and all my relatives. We tried for mediation, it did not work.
Now, my question is - since in his petition he has only stated that he wants me back as wife (conditions have not been added in the petition, that was only to harass me further), can I go to his house while the case is still pending in the court? Do I have to inform the court before i enter his house? What should I do if he / his family prevents me from entering the house?
tredway
 
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Joined: Thu Mar 31, 2011 11:42 am
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On Restitution of Conjugal Rights?

Postby modraed » Wed Oct 26, 2011 4:51 am

I was harassed by my in-laws for various reasons, the primary one being on matters regarding handing over my salary to them. 7 months back I went back to my mother's house and I involved my widowed and dependent mother and other elders in the house to handle this situation by talking to my in-laws. However, this did not work. They were never open for discussion.
Instead my husband filed a petition for restitution of conjugal rights. There were a number of false allegations against me and my family in the petition. The most important one being that my mother prevented me from going to my matrimonial home.
In the petition my husband prays the court to restore his conjugal rights on me and expressed his willingness to take me back. But this was clearly to protect him and his family from 498A. When I came forward to talk to him about this - he put 3 conditions (which have not been mentioned in the petition). Some of his conditions were to enter his house only after quitting my job and disowning my mother and all my relatives. We tried for mediation, it did not work.
Now, my question is - since in his petition he has only stated that he wants me back as wife (conditions have not been added in the petition, that was only to harass me further), can I go to his house while the case is still pending in the court? Do I have to inform the court before i enter his house? What should I do if he / his family prevents me from entering the house?
Enter his home your matrimonial home in presence of two or more respectable members of the society who will be eagerly ready to enter the witness box in the family court and state the truth about his misbehaviour, including his demands and conditions which otherwise he has not mentioned in his Petition for RCR.
You need not wait for next date of the case to take permission of the Family Court for doing so, nor tell your learned lawyer this step you are taking as you don't know your lawyer may pass on this information to lawyer of the other party and spoil your game plan of collecting the relevant evidence of his misbehaviour towards you as well his not allowing your free entry in the matrimonial home rather imposing irrelevant conditions on you for doing so.
Once this whole game plan as explained here by me is carried out and your husband is taken by surprise any act that he does as he had being telling you with regard to conditions for your entry to the matrimonial home etc being witnessed by independent witnesses he will be in real soup as his Petition for RCR will fail after these witnesses tell the real story about your husband to the court.
His RCR petition fails that will be good evidence for getting order against him like protection order under the D.V. Act, as well for providing independent residence with all basic amenities for your stay and monthly maintenance for you.
modraed
 
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On Restitution of Conjugal Rights?

Postby yehudi » Wed Oct 26, 2011 5:00 am

From your post it is clear you don't want to share your salary with matrimonial house. You wanted to keep it in your account and eat on husbands income. Your husband is right in saying your mother may taught you so. Your husband is 100% correct in this matter. You are going to job and contributing nothing to family then you must quit your job and stay indoor otherwise definitely you are creating problems for yourself voluntarily.
yehudi
 
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On Restitution of Conjugal Rights?

Postby ring » Wed Oct 26, 2011 5:05 am

Turn your salary over to your in laws? I know what I would do. I would tell them all to go to hell. I would stay away from these crazy people. He sounds like the type of man that will eventually end up beating you, He sounds abusive and controlling.
ring
 
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On Restitution of Conjugal Rights?

Postby blaeey » Wed Oct 26, 2011 5:08 am

Better discuss with ur advocate.
blaeey
 
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