Being harrased by wife and her family what to do

744 votes

You can file an application under section 9 of the hindu marriage act for the restitution of the conjugal rights.
That's the best thing available to you and after that if the wife does not return to the matrimonial home . You can also seek divorce on that ground

Advocate Suneel Kumar LawRato

847 votes

Look you are between devil and deep she.Either one of you have to compromise or look for alternative.What you should do is file restitution of Conjuganl rights as as a husband you have a right to live with your wife.But however be reddy to face cases against you to filed by wife like Domestic Violence etc.Dont worry things would be taken care of

Advocate Amit Gaurav LawRato

891 votes

First you file the petition before the court under section 9 Restitution of Conjugal Rights in Hindu Marriage Act. ... The section 9 of the HMA reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights. After that you can plea before the court that you want to settle the matter before the mediation center.

Advocate Divya Garg LawRato

651 votes

You need to file a restitution of conjugal rights application before family court stating that she has left your residence and needs to join back mentioning all the details. It's better to file the same before she files a complaint under section 498a. Court may send you for mediation and all the terms can be clarified there as well.

Advocate Vikramjeet LawRato

935 votes

In such cases you can file an application under section 9 of HMA for restitution of conjugal rights. However it is enforceable on wife to adhere with the decision of that application. But you should give it a try because her refusal to come back will help you in your divorce petition.

The wife has a right to turn down a divorce; she can refuse to divorce even after filing a petition for divorce through mutual consent. Following this, the court will typically dismiss the petition for divorce through mutual consent.

In such a case, as the husband wishes to divorce, he will have to separately petition to the court to grant the divorce. Such a petition can be made by the husband only on certain grounds, listed below.

The court will call upon the husband to prove the ground sought by him for the divorce; the wife will be called to disprove the allegations. If the husband's allegations are proved, the court would award a divorce, even if the wife does not wish to divorce. If the allegations are found unsubstantiated, the court will dismiss the divorce petition.

GROUNDS OF DIVORCE IN INDIAN LAW

If the husband and wife both are Hindus, the husband may seek a divorce claiming that his wife:
1. Has committed adultery after marriage
2. Has shown cruelty to him or his family
3. Has deserts him for a period of over 2 years
4. Has converted her religion and has ceased to be a Hindu
5. Suffers from an incurable mental disorder
6. Suffers from an incurable form of leprosy
7. Suffers from a communicable venereal disease
8. Has renounced the world by entering any religious order
9. Has not been heard of as being alive for a period of seven years or more

However there are few judgments which shows that if a husband is asked to live away from his parents then that also amounts to cruelty and husband ask for divorce on that ground.

However, you should consult me personally so that i can suggest you proper course of action.

Advocate Vinay Vats LawRato