quesmy wife staying at his fathers home and blackmailing

married in 2011,now its been 3 years my wife started created problems and does not want to live with also threating me for dowry case and many others.she is stayng with her father for more than 1 year and tried to convience her many times.

she is not allowing me to see my children aslo.she is not even thinking of my children.not sending my first children to school who is now 3+ years old.i want my children back for their good and want my self free from her,where she has not seen me for a year.

please tell me what can i do

  • ans

    If you wish for a better future of your children, we suggest you should visit a marriage counselor with your wife and solve your issues amicably as divorce of parents have a very negative effect on children.

    Now regarding your query,

    Assuming you are hindus,

    If you wish to continue the marriage and want your wife to return to your matrimonial home then,
    you can file a case 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    Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

    But, if you don't wish to continue your marriage you can file for divorce under section 13 of the Hindu Marriage Act

    Grounds for Divorce under the Hindu Marriage Act, 1955 are as follows:

    Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation.

    And according to your situation your divorce case would come under section 13(1)(ia) of the Hindu marriage act.

    Along with the divorce case, a case for child's custody can be filed and after considering the facts of the case the court will decide to whom should the custody be given for the betterment of the children. 

  • File Mutual Consent Divorce @ Rs. 25,000/- only

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  • 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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