Restitution of Conjugal Rights Lawyer in Noida & Ghaziabad – Advocate David Chaudhary
Introduction
Restitution of conjugal rights is a legal remedy available to a married person when the spouse withdraws from cohabitation without reasonable cause. It allows the aggrieved spouse to approach the court to compel the other spouse to resume marital cohabitation.
In Noida and Ghaziabad, many couples face marital disputes that result in one spouse leaving the marital home. Advocate David Chaudhary, practicing in Ghaziabad District Court, Noida Family Court, and Delhi NCR, provides expert legal guidance and representation in all restitution of conjugal rights cases, ensuring quick and effective resolution.
What is Restitution of Conjugal Rights?
Under Section 9 of the Hindu Marriage Act, 1955, if a spouse withdraws from marital cohabitation without a reasonable excuse, the aggrieved spouse may file a petition in Family Court for restitution.
- Applicable to Hindus, Buddhists, Jains, and Sikhs
- Similar provisions exist under Special Marriage Act, 1954
- Court may order the spouse to resume cohabitation
- Non-compliance can be grounds for divorce in future
Laws Governing Restitution of Conjugal Rights in India
- Hindu Marriage Act, 1955 – Section 9: Petition by husband or wife, court issues notice & hearings.
- Special Marriage Act, 1954 – Section 27: Similar petitions for civil or inter-religion marriages.
- Family Courts Act, 1984: Provides speedy resolution, often with conciliation attempts first.
Who Can File for Restitution of Conjugal Rights?
- Either husband or wife who is legally married
- Must have been living separately without reasonable cause
- Applicable even if separation is due to minor disputes
Procedure for Filing Restitution of Conjugal Rights in Noida & Ghaziabad
- Legal Consultation – Evaluate the circumstances and prepare a strong petition.
- Drafting Petition – Includes marriage details, reasons for withdrawal, and request for cohabitation order.
- Filing in Family Court – Petition is filed in the District Family Court, Ghaziabad, or Noida Family Court.
- Court Notice to Respondent – Spouse receives notice and can respond.
- Reconciliation Efforts – Mediation and conciliation attempted by court.
- Court Order – If no reasonable excuse, court orders resumption of cohabitation.
- Follow-up – Advocate ensures compliance or advises on divorce if ignored.
Role of Advocate David Chaudhary
- Drafting and filing petitions under relevant laws
- Representation during court hearings
- Negotiating amicable conciliation
- Advising on divorce if cohabitation fails
- Ensuring speedy resolution & minimizing delays
Documents Required
- Marriage certificate
- Address proof of both spouses
- Evidence of separate living
- Identity proofs (Aadhar, Passport, Voter ID)
- Communication records or witness statements
Legal Implications
- Court-ordered cohabitation is legally binding
- Refusal may be used as grounds for divorce
- Does not grant control over spouse but ensures cohabitation
- Courts prioritize conciliation before orders
FAQs on Restitution of Conjugal Rights
Benefits of Hiring Advocate David Chaudhary
- Specialist in Family Law & Restitution Cases
- Practicing in Noida & Ghaziabad Family Courts
- Expert in Conciliation & Court Proceedings
- Legal Guidance for Both Petitioners & Respondents
- Transparent Fees & Time-Bound Representation