quesWife willing to divorce. How to legally prevent it from happening?

If my wife is willing to divorce me after 7 years of marriage & I do not want to leave my wife & my child of 6 years, then what legal step can I take?

 

  • ans 

    You cannot legally force your wife to stay with you. If she is living separately, then you can file a petition for restitution of conjugal right, however you cannot stop her from filing a petition for divorce.

     

    We would suggest that you both go and visit a marriage counselor, however if the things do not seem to improve even after that, then the option available to you is filing a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act if she is living separately.

     

    Section 9 has been reproduced below for better understanding: 

     

    Restitution of conjugal rights.- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

     

  • 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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