Dear Team, I have few concern which i really need legal advice. I got married 4 years back and we were having good understanding with each other except few .but at the same time my wifes family used to put negative things in her mind on small things.few of d occasion i asked my wife to not to go with negative influence but she ignored it.in d month of july we celebrated our engagement ceremony.but unfortunately after 4-5 days of that event i got surprised to know that she wants divorce from me.i was shocked after this but could not get satisfactory answer from her on this. one day i was out of station nd when i was middle of d way i came to know that she had left my house with her brother without saying anything to me.i called her mom then she told me that i will have to go there else she will not sent back to me.i decided to go there to understand the problem and somehow i managed and returned back alongwith my wife. again my wife started saying that she does not want to stay with me.shecrossed all d limit and abusing me at her best what she could do.but i ignored all and keep trying for best.everything was on track.but one day she forced me to go to office as i had taken leave for d day.but i went to complete my pending works.in evening i received a text that she is going her mom house never come back again.i called her brother and informed about this.since dat day i am contineously following with her family but no one is responding.they haveblocked my number.not only that my dad called her parents but no one is responding. this is really creating mental turmoil. DO We have any legal protection to save my marriage. so much interference from her parentsside is d only reason to have this situation.kindly help.
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1) you can issue legal notice to wife to return to her matrimonial home
2) file petition for RCR under section 9 of HMA
3) if no reconciliation possible file for divorce by mutual consent
4) RCR would take 5 yeas to be disposed of
5) mutual consent divorce 6 months
The first thing is that you can't stop someone from taking divorce.
Secondly, I think you should give time to her, and she would understand and return.
And lastly, if she does something in regard to divorce then contact me I ll help you out in saving your marriage.
Good Luck and God Bless You.
1.This is more a personal problem than a legal one.
2. Take your wife to distant place preferably in a holiday trip and talk to her in private.
3.there may be some reason which is prompting her to behave in this manner.
4. Once you come to know then only you can resolve the dispute.
5. Do not think of taking any legal recourse jus now. it will ruin your marriage.
6. Rather solve it personally.
Hi, you can file a RCR petiton in court .. The court conducts meditation proceedings to settle the disputes between husband and wife.. It is also advisable to record Thier communications showing disinterest to carry on the matrimonial relationship.. There are possible chances that they will file false allegations on you for domestic violence after you file RCR , therefore collect some proof which can show fault on thier part ...
The worst thing i can do at this point is to beg my spouse to stay as I dont want to destroy this marriage.but at the same time i would like to know how can I file complain against her family.As I know they are the main culprit.
if you file any complaint against wife family your wife would desert you
2) if you are threatened by your wife family file police complaint against them for criminal intimidation under section 506 of IPC
Sir, there is no criminal offence that is being made out against them .. In addition your wife will not stand by your complaint .. You can only initiate a civil proceedings against them to recover the money
Hi,
File a sec.9 RCR petition in court in order to bound her legally to perform her duties as wife.
This will be sufficient for her and your in-laws.
If you further face any problem from your in-laws then you may file criminal complaint of blackmailing or torture on them
Thank You
Dear Client,
File an application in family Court u/s 9 of Hindu Marriage Act for restitution of conjugal rights, Notice will issue to her to file her stand/reply, this way if they asset right cause, u will get to know the reason and if not justifying , Court will order to resume ur home.
You can file case of criminal intimidation against her family members but as a last resort.
Respected sir..
It is the worst thing what she doing to you ...And the reason behind that is her mother and brother ...Sir you have two options left here ...
1- if you want to leave your life with her you have to file a petition under section 9 of HMA in which court will order her to stay with you but court will not order her mother to talk or influence her as there is no law on it ...
2 - sir she is spoiling your life the best option is for you to file a divorce petition under section 13-A of HMA prior to filling her ...As it will also provide as a defence for you when she will file a case against you ...I am sure she will not stop her infect her mother will not stop herself from doing such cheap things ....
Now choice is yours make your mind clear and go ahead ....
Thanku
Hello,
Before resorting to court you may just send her a legal notice and ask her to come back home.
If she fails to come back you can file a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights, the same will take around 4 years.
If you both agree then a mutual consent petition can be filed for separation on mutual terms which will again take 6 months.
If you are being threatened by the family of your wife then the case of criminal intimidation w-ill be filed.
Thanks
Since you have been abandoned and deserted by your wife without any just and sufficient cause, file a petition for restitution of conjugal rights.
You may send her a legal notice calling upon her to return back the matrimonial house and start performing her marital obligations, failing which you will approach the Court.
This marriage can still be saved, follow the advise/course suggested to you.
Dear, you can't and even if you do then also you will destroy your family.
I suggest you to keep calm and Wai for the right time and do some meditation as this would help you.
File a petition for Restitution of Conjugal Rights u/s 9 of the HMA, 1955 in district court and in your petition try to show that wife's family has continuous interference in your married life and the main reason for desertion by your wife. Simple.
See if you will take the help of court there might be possibility of filing fake cases against you which will make your life as hell. So try to stay separate from the both family with your wife.
If she has abandoned the matrimonial home without any valid reason, you may first send her a legal notice asking haer to return to the matrimonial fold.
If she is not responding then you may plan to file a RCR seeking restitution and her return to your home.
The case will go on for years.
Probe the reasons for her sudden decision and try to rectify and amend yourself to her satisfaction.
Practically speaking you cannot force her to live with you if she is not willing to return to your fold.
The worst thing i can do at this point is to beg my spouse to stay as I dont want to destroy this marriage.but at the same time i would like to know how can I file complain against her family.As I know they are the main culprit.
You do not have to go down from your standard to beg to her to return.
If she is not willing to come back, you cannot force her even through law.
Hence forget about filing case against her relatives, instead file a restitution case which will be of some use to you.