Protection to husband in family case as wife left home 5 months ago
04-Oct-2023 (In Family Law)
My wife left home after 30 days of delivery, she is not coming back I have not seen my baby since last 5 months. she is neither calling nor messaging. her family members aggravating the issue and they brainwashed her completely. she is not picking up the call. her father and brother using abusive language and man handling me. I dont know whether she is at her mothers home or somewhere else. I am not sure whether they are taking care of my baby properly. her brother over phone told to take away the baby and asked to discuss about the divorce. I dont want to pay her any alimony or maintenance.
If your spouse has left you without giving any reasonable ground, the Hindu Marriage Act 1955 gives you remedy in the form of Section 9 under the restitution of conjugal rights. The section 9 of the HMA reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights.
What the aggrieved party needs to do is file a petition to the district court and 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, the judge may decree restitution of conjugal rights in his favor.
In addition to this , you can also , file an application under Section 25, 12 of Guardianship ward act act 1980.
Also you can file an application of temporary custody under section 12 of the hindu minority and guardianship act 1956
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