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Procedure in case dont want to separate from wife
25-Jul-2023 (In Family Law)
I wanted to live with my wife but she wants to live only at her native place with her own biological parents. She is living seperate since 14 months without any reasonable cause and now she has filed crpc 125 with Dowry/Domestic violence. I still want cohabitation as our kid need the love of both parents. My first hearing/first summon date is 6th Aug. I don't have the crpc125 application copy yet. Can i file written submission (not the reply to her crpc application) to the judge on the first day that i want to live with her and request for counselling to begin from next date.
No! You should be present and put your stand before the Judge in the proceedings of Section 125 CrPC, that she has stopped cohabitation with you and left her matrimonial home (your home) without any just and reasonable cause. Also plead that you were always ready to maintain are still ready to maintain her, but on the condition that she should live with you at her matrimonial home. State that, she is not entitled to maintenance through this petition of Section 125 CrPC, because she has no just and reasonable cause for leaving her matrimonial home and stopping cohabitation with you. She will not get maintenance if she fails to prove genuine reasons for her living separately from you.
If you cannot live with her parents and you don't want to leave your home, and she is adamant that she will live with you only at her native place with her parents, then, you can file proceedings under Section 9 of The Hindu Marriage Act, 1955 for restitution of conjugal rights, to make her live you at her matrimonial home.
Defend the dowry and domestic violence cases well. Just filing of these cases does not mean that you will be punished.
In the proceedings under Section 125 of CrPC, no counselling is provided. But, if you file petition under Section 9 of the Hindu Marriage Act, 1955 at the Family Court, then you can also seek help of a counsellor there.
If you cannot live with her parents and you don't want to leave your home, and she is adamant that she will live with you only at her native place with her parents, then, you can file proceedings under Section 9 of The Hindu Marriage Act, 1955 for restitution of conjugal rights, to make her live you at her matrimonial home.
Defend the dowry and domestic violence cases well. Just filing of these cases does not mean that you will be punished.
In the proceedings under Section 125 of CrPC, no counselling is provided. But, if you file petition under Section 9 of the Hindu Marriage Act, 1955 at the Family Court, then you can also seek help of a counsellor there.
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Adv. Sandeep Naik
Indore | 200+ Answers
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A wife living apart from her husband without any reasonable cause is not entitled to maintenance under s. 125 CrPC. So you can plead this on the first date of case under s. 125 CrPC, and by that her case for maintenance may be dismissed if you succeed in proving that she is living apart from you without any reasonable cause. But in that case you may not ask for the counselling or for bringing her back. For that purpose you have to file a separate case under s. 9 of Hindu Marriage Act. That section provides for the restitution of conjugal rights.
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Adv. Pradeep Naik
Indore | 200+ Answers
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