quesWife continuously leaving my house. What should I do?

SiR, In 2008 i did love marriage @ Arya Smaj Mandir but my wife wanted not to disclose to anyone and later in 2013. We again got married in november,2013 which included our parents and relative. Now she says she want to get divorce as she do not want to live with me. I also had called Police in January'2015 and told everything to police. Then her family and she told me that they want to settle issue between us hence i did not launched a fir agaist them. now again left my place.

  • ansTry speaking to your wife and resolve the issue amicably. If the same fails, the option available with you is to file a petition for the restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu). 
     
    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 Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.


    In case you intend to file a divorce then you can do the same, by filing a petition under Section 13(1) of Hindu Marriage on the ground of cruelty.

  • ansTry speaking to your wife and resolve the issue amicably. If the same fails, the option available with you is to file a petition for the restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).

    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 Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
    In case you intend to file a divorce then you can do the same, by filing a petition under Section 13(1) of Hindu Marriage on the ground of cruelty.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ansEither file Restitution of Conjugal Rights Petition or agree to a Mutual Consent Divorce. And if none of that work, file a Contested divorce on the grounds of Mental Cruelty.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansThe marriage solemnized in 2008 is the valid marriage. You.You can file the petition for divorce or file a petition for restitution of conjugal rights if you do not wish to stay with her.You have not mentioned whether you have any children out of the marriage. Try.Try settle the dispute with elders and get a mutual divorce.If they do not agree file the petition you wish to.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • 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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