Restitution of conjugal rights is a remedy available to spouses that can be ordered by the Courts. If the spouse filing the application to the Court is successful, the Court will then direct the other spouse to rejoin the company of their spouse. For such orders not to be made, there needs to be very strong reasons in support of the spouse who has left the company of the other spouse. Restitution of conjugal rights is a method generally used in matrimonial law cases.
Matrimonial proceedings are currently not confined to the civil and family law jurisdiction. In many cases, where cruelty or harm is caused to a wife by a husband or relative in relation to dowry demands, under section 498A if the Indian Penal code a criminal case is filed against the people who caused the cruelty or harm.
Maintenance is an important part of all matrimonial proceedings. An application for maintenance is filed by a spouse who does not have the means in which to support themselves and, thus, requires maintenance. Maintenance is divided in to two parts, specifically: 1) Interim Maintenance 2) Permanent Maintenance.
Non-resident Indians, Indian citizens who have either settled abroad or are temporarily abroad on work permits, involved in matrimonial difficulty can face particular difficulties when confronted with complex issues such as divorce, annulment of marriage, child custody and other legal proceedings.
Mutual Consent Divorce came into force by act of the Parliament of India amending the Hindu Marriage Act in 1976. Since coming into force, Mutual Consent Divorce has brought reassurance to many Indian citizens. Our firm understands this and, when we consider it appropriate in the circumstances, we will suggest this as a way forward to clients in order to avoid long, costly and drawn out litigation.