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Restitution not followed what is the best course to follow
13-Apr-2023 (In Family Law)
Sir, my wife filed a restitution case and we attended the counsellings and agreed for re union. After the proceedings i got a govt job in a different state. She is now refusing to come saying that she wont come to another state. She is unemployed. She is saying this different state reasons and not coming. It has been more than 8 months. Can i get divorce on the basis of desertion and mental cruelty?? Can this be justified. Or if she tries to get any job, can she say that as she has a job she is not able to come.. will this be accepted by court?? What is the best course to follow
Sir
You cant get divorce on the basis of desertion. Because desertion required at least two year separation. A you informed that only from 8 month you are staying separation.
As you told she is employed. She is not coming . it amount to mental cruelty.
In case if she is having job and for that reason she is unable to come to your place then her contention is correct. But here she is unemployed. It amount to mental cruelty. if you want You can proceed with a divorce.
You cant get divorce on the basis of desertion. Because desertion required at least two year separation. A you informed that only from 8 month you are staying separation.
As you told she is employed. She is not coming . it amount to mental cruelty.
In case if she is having job and for that reason she is unable to come to your place then her contention is correct. But here she is unemployed. It amount to mental cruelty. if you want You can proceed with a divorce.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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If after getting a job she has refused joining you at your place of work, you should start by filing a restitution case against her. If she refuses to join you you and when the Court rules in your favour, she should join you, but if she does not join you, then you can file a case for divorce.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Send her a letter in registered post calling upon her to come and stay with you and lead matrimonial life. If she doesn't reply or refuse to come and stay with you, you can file a divorce petition on the grounds of mental cruelty. If your wife has refused to cohabit with you for more than two years then only you can take up the ground of desertion. Refusing to cohabit with you for more than 8 months amount to mental cruelty. Being a wife it is her duty to stay with the husband Where ever he resides
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Adv. Narendra MN
Bangalore | 100+ Answers
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