• Please help

I got separated from my wife since last 3 months.. How to stop my divorce .. i don't want divorce, as she wants a divorce ?? She took this decision in a pressure. Her parents forcefully told me to do sign on a notebook paper that you both need a divorce and both families are agree with all the terms. She took all her items with her. She is living with parents now. They told us we will talk after 3 months. But 3months are about to finish. Still waiting for their positive response. MY wife is having good financial background. She is rich. But i belongs to a poor family, do i have to pay alimony or maintenance , if she proceed with a divorce case. Can she take a decree of divorce alone ? What i can do..Agar uski mother ne uski marriage karva di without divorce ?
Asked in Family Law from Patiala, Punjab
Religion: Hindu
You can file for restitution of conjugal rights in the family court. she cannot take the judgment of divorce alone.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
407 Answers
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You may file for restitution of conjugal rights in the court. She cannot take a decree of divorce without making you a party. The court will issue you a notice of her having filed a divorce case against you wherein you will be given sufficient opportunity to contest her case fittingly through your lawyer. Unless she gets a decree of divorce in her favour she cannot remarry. Remarriage during the subsistence of marriage constitutes the offence of bigamy which is punishable with an imprisonment of up to 7 years.
Ashish Davessar
Advocate, Jaipur
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520 Consultations

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