It is almost 1.5 years since wife left the home with my son of 1.5years and did not want to come back. My relatives and other family members tried to sort out the matter. But her last confidtion is that she neither want DEVER with me and neither my parents. Moreover she forcing me to quit my parents and brother. What should I do now. I am still want to her come back. My email :- [deleted] Please help me on this.
hello,
If she is insisting for the same then you may take divorce on the said ground as the same amount to mental cruelty.
You may file a case for restitution of the conjugal rights but again the same will of no use as you can not force her to live with you if she is not willing for the same.
Regards
1) file petition for RCR under section 9 of HMA
2) if wife does not contest you would get exparte decree
3) but you cannot force wife to stay with you
She is asking me to live with her parents and leave my parents. She did not want to come home town where we got married. With everyone she is saying that I am job less and even not providing her maintenance. Earlier whenever all is okay I usded to send her via bank transfer. But when she left, I stopped the same. Please assist me accordingly.
If you want to take divorce then you have sufficient ground to take the same. Also, start depositing some amount to her account so that she can not file a case to claim monthly maintenance.
Regards
file for divorce on grounds of mental cruelty
2) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce
Dear Client,
Record the statement or message insisting you to get separated from parents.
After sending her a legal notice, if ske doesn't come back,You can file petition for restitution of congual rights to get her back or file divorce if you don't want her. You can also file custody petition for child
Issue her a notice to come back and stay with you. Or explain the reason for withdrawal from your society. Failing which you shall be compelled to initiate legal proceedings for divorce.
Respected sir...
Sir there is not a single provision in law that can force her to be with you.. The only thing is to request her and convince her that is all what we have legally you can file petition under section 9 of HMA as claming your Restitution of conjugal right but even in that Court have no power to force her to live with you... And if she asked for maintenance you will be bound by law to provide that.. So make your mind clear and procedures further...
Thank you
In such a situation you can file Restitution of conjugal rights case against your wife in which court would ask her to stay with you and you will also get benefit if she file maintenance cases against you in future.
File a RCR.before.the.court seek mediation from court if she agree in mediation or court passes an order and then she fails to restitute.then in that case you can go for divorce.
See try taking to her and file RCR it will protect also against false cases further if it fails file for divorce.
Dear Sir,
Better you file petition for Restitution conjugal right to avoid future complications. You may take the contentions that in spite of so many issues and difference between you, you are ready to take her back to the matrimonial house. If she file 498a thereafter then you can just apply anticipatory bail and you will definitely get it.
If she wants you to set up a separate house, for the sake of saving your marriage why don't you do that?
You can always meet your parents separately, hope there's no problem for that?
Why don't you reconcile to this if there's no other problem between you two.
You can ask her to live with you separately without the parents of either side.
You do not have to live with her parents, you can refuse that, if she do not agree then you can issue legal notice to her to rejoin you.
Dear
You have to file an RCR petition to bring her back by court order but court cannot force her to join your company.
As you are not willing to divorce her you have to take help from some common friend or relative who help you to sort out the difference between you through mediation.
