9 year Wife left me intentionally with 7 yr kid and filed maintenance

931 votes

I would like to know if you want your wife back , if yes than file restitution of conjigual rights to have your wife back... It is obvious that if any wife wants divorce indirectly they will put all the above said allegations ... Just to extract money... And your mother in law has filed the above said application restraining you to go to her house and taken son foricebly .... These petitions are just yo pressure you for their demands ... As there is a kid they have filed the above application ... If you have sufficient grounds to prove that your wife left you and kid than no court can stop you from.taking the child...

Other option as you said you gave been suggested yo file divorce petition in your state, if you want yo get divorce from her you can file and also you can file custody of child under guardian and wards act to get the custody of your child

Advocate Suma N LawRato

965 votes

A) yes you can proceed for divorce.

b) In case if you want you can file the restitution of conjugal right under Section 9 of the Hindu Marriage Act. By this you can get little safer from maintenance case.
As you told your mother in law already filed a case against you, it will clear that, there is restriction and other side she is claiming maintenance. At time circumstances she cant claim maintenance. Contact us if you interested.

Advocate M Lakshmikanth Arya LawRato

564 votes

Firstly, please appear in the case filed against you under Section 125 of the CrPC. In your absence, the judge may proceed with issuing an ex-parte order i.e. an order against you in your absence and the only way you can turn this around is by filing an appeal against it which could be costly and time-consuming for you. So I advice you to appear through a lawyer and have adequate representation in the Court before any orders are passed. Secondly, filing a case for Divorce in your State could be a good idea but please be prepared for (a) your wife delaying it by not being present on every occasion and/or seeking travel expenses from you; (b) your wife applying for transfer of a case. Thirdly Section 9 is for Restitution of Conjugal Rights meaning you want to be united with you wife and you want the Court's assistance. If this is something you really want, then you can apply under Section 9 instead of Divorce. Fourthly, please appear in the case against you filed under Order 39 Rules 1 and 2 r/w Section 151 of the cpc as I have mentioned above, an ex-parte order against you could create problems for you. Finally, I also advise you to file a police complaint in the city where your wife and son lived against kidnapping/ missing person complaint - but only do this if you have the time and financial resources to see this through. My advice is limited to the facts provided and I will need more information to give thorough legal advice.

LawRato LawRato