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How to get my wife back to the matrimonal home for my in-laws house?
13-Oct-2023 (In Family Law)
What legal steps can I follow to get my wife back who has been staying my in laws house for the past 1.5 years? We have been married for about 3 years now.
My wife had a miscarriage after which she underwent an operation for the same. My in laws stay in Agra where she decided to get the operation done.
We had disputes after which she decided not to come back. But we decided to give it another chance and came back to my house again. But the disputes couldn’t be dealt with and she left me again.
Now its been 1.5 years that she has been staying away from home. I don’t want to take a divorce. What should I do?
The option available to you is filing a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
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Restitution of conjugal rights- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
So as you have stated that your wife is not staying with you for more than a year now, you can file this petition and get the decree in your favor.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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