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Legal Notice to Wife for Restitution of Conjugal Rights

What is it?

Why is it required?

What should it cover?

Format for Legal Document

Documents required

Procedure

Legal Considerations

How can a lawyer help?

What is Legal Notice to Wife for Restitution of Conjugal Rights?

A legal notice under section 9 of the Hindu Marriage Act for restitution of conjugal rights asks a spouse
who has left the other without any reasonable excuse, to return. In the Hindu Marriage Act, the
Conjugal Right has been given high importance and significance and as such section 9 is being used as a
protective mechanism against the breakdown of a marriage. If you don’t receive a reply to the legal
notice regarding marriage problems under section 9, then the aggrieved party can approach the Court
for restitution of conjugal rights.

Why is Legal Notice to Wife for Restitution of Conjugal Rights required?

A legal notice under section 9 of the Hindu Marriage Act asks a spouse who has left the other without
any logical excuse, to return. Restitution of conjugal rights is a process through which either party can
gain certain specific legal rights against the other party. The main right is the right to live with the guilty
party. If you don’t get the legal notice about the marriage issues under section 9, then the aggrieved
party can request the court for restitution of conjugal rights.

What should a Legal Notice to Wife for Restitution of Conjugal Rights cover?

As a first step, one must contact a divorce lawyer who has good drafting skills and technical know-how
in the field of Matrimonial Disputes. The lawyer should know how to write a legal notice under section 9
of the Hindu Marriage Act. He/She should be aware of the format of the legal notice. One must:

Discuss the whole scenario with a lawyer and inform him/her of the incidents with your spouse. Like the
date of marriage and the date when he/she has left you.

You can send the notice in either English or in any other Indian language which you speak and can
understand.

The legal notice must contain the following points:

Name of the parties

Address

Date of Marriage

Date of Separation

Format for Legal Notice to Wife for Restitution of Conjugal Rights

Download Word Doc

To

Mst. XYZ,

Daughter of ABC,

R/o ___________________,

Sub:- LEGAL NOTICE

I hereby informed you that Mr. JA son of BA resident of H. No. __, St No. _, near ____, Allama Iqbal
Colony, ______, Rawalpindi has engaged me as his counsel to send you legal notice in a family matter
and after placing all the relevant documents /record before me, has requested to serve you with the
following legal notice:
That my client was married to you according to Islamic Rights. The dower amount was fixed Rs. 1 million,
out of which half was paid to you, no dowry articles were given to you by your parents. During the
matrimonial life, no issue was born.

That during the subsistence of the marriage, your behavior towards my client was not well and you on
the instigation of your father are making hurdles also making troubles in your matrimonial life with my
client. Your father often asked you to collect money from my client and give it to him but when my client
denies the same, you left the house of my client many times. My client tried to reconcile with the elders
of Brother and repeatedly took you to his house.

That after the marriage of the parties hereto you proved yourself as an undaunted lady, selfish,
wayward/ arrogant, and a woman of willfulness. However, my client tried his level best for the
betterment of the material abode and also to manage with you and in this regard left no stone
unturned. But in return not even a single step is taken by you for the betterment of the situation. You
intentionally by your conduct and behavior made the life of my client miserable, however, my client
bothered all this for the sake of material abode, for the honor of his family, and also for the honor of the
family of you but it was you who always proved yourself as NASHIZA from your conduct and behavior.
My client himself and through the elders of both the families emphasized you and asked you to become
loyal, obedient, and a good lady but all in vain. Rather you demanded a huge amount and other
valuables gifts from my client on the instigation of your father.

That it is worth mentioning to state here that my client belongs to a respectable family. You and your
parents contracted the marriage with my client with the intention to grab extraordinary benefits from
my client and in this regard during the matrimonial lifetime and again asked and pressurized my client to
give huge amounts
But on the refusal and straightaway denial, they came to the conclusion that their illegal and unlawful
desires and also their wishes for grabbing money and other valuables can never be achieved.

That it is also pertinent to mention that my client provided all the necessities of life to you according to
his means and status but unfortunately found you as one who has no respect for your husband and also
has no belief in family life. In spite of living with my client in his house you on the instigation of your
father’s time and again left the house of my client without the permission and knowledge of my client as
well as without any cogent reason.

That at the time of marriage, my client on demand of the parents of you has managed and given gold
ornaments and also gave a luxurious reception. But when you and your parents came to the conclusion
that their illegal and unlawful desires cannot be fulfilled, you left the house of my client in the last
month i.e. May 2008 without the permission, knowledge of my client in his absence along with valuables
while my client was not in the home. When my client came to his house, he came to know that you are
not at the home. He inquired on the telephone about your absence, you told me that you will come
back. You while leaving the house of my client took the gold ornaments weighing 8 Tolas and also cash
amount of Rs. 70,000/- and also valuable articles.

That it is only your father who poked his nose in the matrimonial life of you and my client and instigate
you to pressurize my client to fulfill their illegal desires.
That you took the valuables on the instigation of your father and my client reserves his right to initiate
criminal as well as civil proceedings against you and her father.

That my client has love and affection with you and he wants to live in a happy family.

That my client sent you many Jirgas for reconciliation but you on the instigation of your father denied to
reconcile. The members of the Jirga are ready to record their evidence which my client has sent them to
your house for compromise but you again on the instigation of your father demanded a huge amount
for compromise. My client is a poor man, he could not fulfill your desires because of which you denied
performing your matrimonial obligations. My client is a young man, who is living a miserable life without
his wife.

That my client has paid the maintenance allowance to you throughout his matrimonial life.

That my client still has love and affection with you and he wants to live a happy life with you and is ready
to reconcile.
That it is an obligatory duty upon you both legally and morally that you should live with your husband
and perform the matrimonial obligation.

That despite the number of reservations, my client tried his level best by himself and through Jirgas to
solve this matter to save his matrimonial life and to provide love and affection to you but all the efforts
made by my client remain futile due to your adverse and negative attitude.

Through this legal notice in a family matter, I hereby instruct you in your own interest to rejoin my client
and perform your matrimonial obligations, for which he has the legal right and also rejoin my client in
his house within 14 days otherwise my client has given me clear instructions to institute a suit for
restitution of conjugal rights in the competent court of law, at your risk and costs. My client also asked
me to inform you that if you do not perform your matrimonial obligations and do not reconcile, he will
have a right to remarry after due process.

Through

Name of Council
ime of
solemnization of
this marriage the
parents of my
client had given
sufficientdowry
articles to you. At
the time of
marriage you
were involved in
unsocial
activities. You
used toconsume
wine daily and
were also involved
in gambling. You
started adopting
cruelties mentally
aswell as physical
upon my client
and whenever my
client tried to
mend your ways
then you and
yourmother
mercilessly beat
my client.4- That
your attitude
towards my client
was very rude and
indifferent from
the very beginning
andmy client
always fulfilled
your illegal
demands time to
time. Your mother
always taunted
my clientand said
if she was
interested to live
in the matrimonial
house then she
would have to
bear all
theatrocities and
cruelties.5- That
my client was of
the opinion that
after the birth of
children you will
improve your acts
andbehaviour and
would leave your
bad habits but
you did not do so
and you and your
mother
alwaysabused,
insulted,
maltreated and
misbehaved my
client. Your
mother refused
turned out my
clienttime to time
from her
matrimonial
house.6- That on
_____________
you turned out my
said client from
her matrimonial
house in
threewearing
clothes. You kept
the children of
my said client in
our custody.
Since the month
of ___________
_ you and your
above said mother
are black mailing
my client and her
family
members.You and
your family
members
threatened to my
client and her
family members
threatening
myclient for dire
consequences
according and as
per directions of
mother. You have
refused to
returnthe entire
dowry articles
and jewelaries of
my said client.
You have
deserted my said
client andhence
my said client is
not interested to
live in your client.
My client is also
not interest to
take the
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