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Wife left home and not ready to come back
11-Jul-2023 (In Divorce Law)
We had lot of issues because of her parents.She left me and started staying alone with help of her parents and blaming me that I asked her to leave the house as I m paying the rent. We went to her house and requested to come back but they put some strong conditions mainly I should not ask or try to know or involve on her SALARY(she earns more than me)& Spendings & I must take care of the family.V accepted, she came back but had fight & she went again.It's been already 2 months no reply to emails calls.Her parents not ready to talk. Shall I send a notice asking her to come back as it's my wish?
As per section 9 of the Hindu Marriage Act, restitution of conjugal rights, the court directs the spouse who left matrimonial home without have sufficent reason to return to the matrimonial home and continue the marriage.
Section 9 of the Hindu Marriage Act 1955 is mentioned below for your understanding:
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
Section 9 of the Hindu Marriage Act 1955 is mentioned below for your understanding:
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
Helpful?
114+
114+
Adv. Sudershani Ray
Delhi | 200+ Answers
Chat
How long you have been married to each other?
What is the reason for dispute?
Whether you demanded her salary amount either in full or in part?
Whether you cannot manage the family expenses out of your own income?
There are lot many questions remain to be answered by you if at all you want proper opinion and suggestions for solving the issues.
However for the present you may issue legal notice asking her to return to the matrimonial home.
Do not decide to file divorce case in haste, as the consequences may develop into criminal cases against your and your family by she lodging a police complaint
What is the reason for dispute?
Whether you demanded her salary amount either in full or in part?
Whether you cannot manage the family expenses out of your own income?
There are lot many questions remain to be answered by you if at all you want proper opinion and suggestions for solving the issues.
However for the present you may issue legal notice asking her to return to the matrimonial home.
Do not decide to file divorce case in haste, as the consequences may develop into criminal cases against your and your family by she lodging a police complaint
Helpful?
45+
45+
Adv. T Kalaiselvan
Vellore | 400+ Answers
Chat
You have to send a legal notice saying that you wanted to live with her. If she respond back and come to live then its fine otherwise you can file a Restitution of conjugal rights in court if you want to live with her. If you not like to live with her then you can file divorce petition.
Helpful?
41+
41+
Adv. B. Sivasubramanian
Chennai | 200+ Answers
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