• Divorce

Hello we done love marriage before 1 year from the day we dint live together because her parents are not agree we have done registered marriage. Now after one year they are making pressure for divorce but I don't want this. How can I back my love back. Or how can I talk to her.
Asked 6 years ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

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16 Answers

If she is not living with you currently then file suit for Restitution of conjugal rights in family court having jurisdiction.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

Hello,

Maam you can not force some one to live with you, if he is not willing to live with you. However, if his parents are not allowing and he wants to live with you then you may ask him to live with you.

Let me know in case there is further query.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Answerd by Adv kavery Anand Bangalore..sir immediately... file Habeas corpus u/s 9 @ High court. Then High court will order to girl's parents to send girl with husband ( with U ).this is the safest way to get back Ur Love.

For more details call me through kaanoon.com.

Pl give RATING and feedback for appreciation.

Kavery Anand Pandharpurkar
Advocate, Bangalore
336 Answers
12 Consultations

You can file a restitution petition before the family court praying before the court, further file a police complaint before the police against her parents. if that is not working file a writ petition before the high court and pray for the direction for police and state authorities to help in meeting the girl

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

if your wife is agree to stay with you then you should file a complaint against your in law in local police station against this issue, definitely police will help you, if you have marriage certificate then enclosed the certificate copy with complaint.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

File a restitution of conjugal rights in the court where you both resided together or marriage was solemnised under section 9 of Hindu marriage act. If she doesn't appear then court will grant order in your favour thereafter take court help in executing the order. On the other hand if she's illegally confined approach high court by filing a writ of habeas corpus

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

hello

you should try to convince your parents and her parents too. if they do not agree, then if you are independent and are earning then you should take her with you.

regards

Rahul Mishra
Advocate, Lucknow
14102 Answers
65 Consultations

1) You can file case in court for RCR. This means you want your wife should live with you.

Ganesh Kadam
Advocate, Pune
12959 Answers
260 Consultations

1) refuse to agree for divorce

2) file petition for RCR under section 9 of HMA

Ajay Sethi
Advocate, Mumbai
96454 Answers
7775 Consultations

1. It is not clear how and why your wife has gone silent. May be she has been brain washed about this marriage.

2. Now if she has changed her mind they you will have to find ways to speak with her and win her back again.

3 However if you do not want then it would be difficult for her to get divorce so easily.

4. Go to your in laws house and have a word with her. If possible take her to far way place to spend some private moments with her. Once she understands you, the love of your life may be coming to you once again.

Devajyoti Barman
Advocate, Kolkata
23151 Answers
506 Consultations

1. Did you obtain protection from the High Court after marriage?

2. If your wife is being held by her parents against her will then a petition for issue of writ of habeas corpus can be filed in the High Court whereupon the High Court will order police to produce her before it and she will be then set free. This is the only legal remedy.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

You have two options open if your wife is in captivity of her parents you have to file a habeas corpus writ petition in the High Court to get her free and leave as per service with you.

Another case you can file Restoration of conjugal rights under section 9 of Hindu Marriage Act in the family court to get your wife back to your matrimonial house.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

After the registration of marriage, legally both of your status as Husband and Wife. Try to meet her and convince and ask her to live with you.Use mediation talks with close relatives and Common Friends . Also be patience and and persistent courage in trying circumstances . You have remedy to file Restitution of conjugal rights,Habeas corpus etc. if there is no dispute between your wife and you then properly communicate your wish to her and ask her to live with you .The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.

Ajay N S
Advocate, Ernakulam
4087 Answers
111 Consultations

File habeas corpus writ in High Court. can also complain to collector office and are SP.

Yogendra Singh Rajawat
Advocate, Jaipur
22947 Answers
31 Consultations

You can file a petition seeking restitution of conjugal rights.

Let she receive the summons and respond to the case filed by you in the court.

You dont budge to their pressure and be firm on your decision to take hr back, let she appear before court and inform that she is not willing to rejoin you, after which you may weigh the possibilities to give her divorce.

T Kalaiselvan
Advocate, Vellore
86652 Answers
2316 Consultations

your parents live to seprate your's wife

Giriraj Prasad Bairwa
Advocate, Jaipur
23 Answers

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