queshow can a husband safeguard against legal action by wife

Its a 5 months old marriage. The girl knew that the guy was alcoholic before marriage. They still got married in Dec. Post marriage a lot of verbal abuse – a lot of conflicts have been happening. Now she has gone back to her home. What all legal action can she take? Also how can the guy safeguard himself from any legal action the girl might take?

  • ansAssuming you are Hindus,
    The legal actions available to your wife are as follows:
    1. she can file a domestic violence case against you.
    2. She can file case under section 498A of The Indian Penal Code
    3. She can file a maintenance case.
    4. She can complaint in the women cell.

    To safeguard yourself, you can file a petition under section 9 of The Hindu Marriage Act which deals with restitution of conjugal rights.
    Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

    Section 9. 

    Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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