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Wife continuously leaving my house. What should I do?
04-May-2023 (In Divorce Law)
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.
Try 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 Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
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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 Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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