Legal Advice

Wife living separate without just cause

Shivendra Pratap Singh


High Court Lucknow

Family Law

Reading Time:

Question asked on: 6 Sep, 2015

Question: My son age 30 got married since last 1 year. The girl is from a metro city and we belong to the rural area. At the time of marriage, she agreed to live in the village. But thereafter she told that she will not live in the village. Then she left matrimonial home without any reasonable cause. Please advice what step should we take?

Asked from: West Bengal

You should file a suit for restitution of conjugal rights because she has no right to live separate on this silly issue. Section 9 of the Hindu Marriage Act 1955 provides right to restore conjugal rights if one party has refused to live without any reasonable cause. Living separate on the ground that the husband is living in a rural area is not just and fair plea of defence. 

First of all, you should try to convince her to start living with a husband. If she refuges, then talks with her parents and other elder family members so as to resume her marital life. You can not file a divorce petition unless and until a strong ground exists thereof. Court also does not admit divorce petition when there is space for reconciliation between the parties.

If the matter does not reconcile or she refuses to come back on any cost then you may file RCR petition before the family court under section 9 of the Hindu Marriage Act. It is a remedial procedure for giving a chance to save their marital life.

In the RCR suit, she has to prove just ground for living separate otherwise the court may pass an order to resume marital life. Smt. Harvinder Kaur vs. Harmander Singh Choudhry, the Delhi High Court expressed its view that the object of restitution decree was to bring about cohabitation between the estranged parties so that they could live together in the matrimonial home in amity.

Smt. Saroj Rani vs Sudarshan Kumar Chadha the suit for restitution of conjugal rights is a matrimonial suit which is brought whenever either the husband or the wife lives separate from the other without any sufficient reason. 

If she fails to prove reasonable cause for living separately from husband then the court will pass a decree in your favour. The court will allow the RCR suit and direct the wife to resume the marital relationship.