Can I file section 9 RCR or directly divorce petition on which ground
14-Mar-2023 (In Divorce Law)
Wife is leaving separately from me since last more than year.i have one daughter 2 year age. I had received one summons from mahila Thana from in-law place
I attended counselling session there and given statement that I want to live with my wife . But she is not living and left me without any reason.she not understanding to take family household responsibility. Now I am tired of her violent and abusive behavior,til now she not return and I am.getting mentally harrase from her behavior and torcher. she also wants me to live separately from my parents.
And I think she don't want to take divorce otherwise she could have mentioned herself in mahila thana. In fact she wants to threaten me with false allegation of 498.and dowry.
She don't want divorce ,she is not living with me as cohabitation last one year.and her parents wants to threten me false allegation Like dowry common 498. concern is I am in apprehension always and mentally disturb. I don't know what should I take legally action.
hi
.
in respect of 498a there are several guidelines by supreme court which police need to follow before registering FIR.
in primary enquiry if it is found that the case of civil nature then they don't proceed to take further action
moreover if they register the FIR then you can proceed to file application for anticipatory bail
after that you can approach high court for quashing of FIR
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Hello Sir!
If you really want to live with your wife then you can file Application/ Petition for Restitution of Conjugal Rights but if you dont want to continue your marriage you can directly go for divorce. prior to filing of divorce petition send her legal notice for divorce
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You should also lodge Counter-Cases against her, as she has made your life a living hell. You can file a Case against her for Mental Harrasment, to seek Divorce on the ground of Unlawful Desertion & as she had been putting constant efforts to alienate you from your Parents.
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