Boy divorce case as member from girl side are not willing to talk

513 votes

From the facts stated, it appears that after a normal matrimonial dispute the wife was taken by her parents and has been residing separately for the last two years and there has been no reconciliation despite attempts. Under matrimonial law, the husband has certain legal remedies available. Firstly, the husband may file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955, seeking a direction from the competent Family Court for the wife to resume matrimonial cohabitation if she has withdrawn from the society of the husband without reasonable cause. Secondly, if the wife has been living separately for a continuous period of more than two years without sufficient justification, the husband may file a petition for divorce on the ground of desertion under Section 13 of the Hindu Marriage Act. Further, if the wife’s family members are continuously harassing, threatening or interfering in the matrimonial dispute, the husband may also lodge a police complaint or written representation before the concerned authorities seeking protection from harassment. Additionally, the husband may initiate mediation or counselling proceedings before the Family Court for amicable settlement. The husband may file the appropriate matrimonial petition before the competent Family Court having jurisdiction either at the place of marriage, the last matrimonial residence, or the place where the husband presently resides, such as Yamuna Nagar. it may get transferred to her jurisdiction unless strong grounds.

Advocate Neha Gupta LawRato

886 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato

732 votes

If you and the girl are legally married, you may first send a legal notice requesting her to resume matrimonial life. If she refuses, you can file a Restitution of Conjugal Rights (RCR) petition in the family court. If reconciliation is not possible, you may consider filing for divorce. If her family is harassing or threatening you, you can also file a police complaint for harassment or intimidation and keep evidence of calls/messages.

Advocate Sumegh Garg LawRato

778 votes

You can file for Restitution of Conjugal rights under section 9 of HMA. This sometimes work in the husbands favour as this shows genuine intentions to maintain the relationship. Otherwise this can become a ground for divorce if the family/girl still does not want to settle and give it another chance.

Advocate Daman Sharma LawRato

675 votes

first try to convience girl through panchayat or some respectable person from both sides, if talk did not comes to good end, then send legal notice to girl to live with in her matrimonial home, if still girl did not came in her matrimonial home after legal notice, then u can file matter before court, to bring girl back or divorce as the case may be

Advocate Arun LawRato