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Wife is not staying with me what can I do


19-Dec-2023 (In Divorce Law)
Hi am approximately 3 years to marriage. I have one son who is 2 years.my wife is not staying with me,continue find some reason and going to her father's home.,also saying that I don't live with your father and mother.In 3 years she didn't lived continue 3 months with me.many times we tried to get back her my home but every time she gave new reason.and her father also saying that we file fake harassment case on you. What the solution.
Answers (6)

Answer #1
969 votes
In such a situation you can file Restitution of conjugal rights case against your wife in which court would ask her to stay with you and you will also get benefit if she file maintenance cases against you in future... For further info contact me..
Advocate Shashi Chaturvedi

Adv. Shashi Chaturvedi

LawRato Thane | 100+ Answers
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People also ask

Can a wife stay away from husband?

Divorce is justified when one spouse abandons the other without a reasonable reason (such as cruelty). The spouse who deserts their partner must have intended to do so and should provide proof. According to Hindu law, the desertion must have lasted for at least two years.

How do I deal with my wife leaving?

Recognize it is OK to feel differently. ... Take a break. ... Do not go through it alone. ... Take care of your emotional and physical health. ... Avoid power struggles or arguments with your former spouse. ... Explore your interests. ... Think positively

What do I do if my wife doesn t want to stay with my husband?

If she agrees, you should file a mutual divorce under section 13(B) (Hindu Marriage Act). If she does not want a divorce, then you should file a petition for judicial seperation or a petition for divorce. 21-Mar-2018

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Answer #2
741 votes
The solution is depending upon you if you wanted your wife to come back to you then you can file a case under section 9 of Hindu marriage act for restitution of conjugal rights and of you don't want to live with her then you can file a divorce case in family court.
Advocate Nilesh Pachpor

Adv. Nilesh Pachpor

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Answer #3
582 votes
Please take decision keeping you future life and long term in mind.

If she is not ready and threatening to file false cases then you will have to take legal steps after thinking your decision as to whether you want to live with her or without her.

Depending on your decision, further advise can be given.
Advocate Namitabh Kothari

Adv. Namitabh Kothari

LawRatoMumbai | 400+ Answers
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Answer #4
969 votes
You can file a complaint in the nearest police station regarding the harassment . In the meanwhile you can move to court and file for divorce on the ground that your wife wants you not to live with your parents which amounts to cruelty according to judgment of 13 November by Supreme Court.
Answer #5
601 votes
Hi
In this case you have to send notice to her for intention to cohabit and continue marital life.
In case you don't want to continue marriage then you can proceed to family court for divorce proceedings.
Advocate Rohit Shaligram

Adv. Rohit Shaligram

LawRatoPune | 500+ Answers
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Answer #6
60 votes
According to Section 13(1)(ib) in the Hindu Marriage Act of 1955, desertion is a valid ground for divorce. This is the abandonment of the petitioner without any reasonable grounds and without consent from the petitioner.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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