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Divorce from one side.my wife wanted the divorce as she is in other co
21-Apr-2023 (In Divorce Law)
Good day.Hello sir,I am looking for divorce related query.
My wife is in other country.she is there for 2years now.she came to India 2 times in this 2 years.and not letting me and my kid to be with her.i suspect that she has another relationship in that country.Now she is asking for divorce which I am not interested to take divorce and I am calling her to come back.but she is refusing to come back to India.please suggest me how you can help us.i am not interested to go for divorce and I wanted her with me.kid is with me.she says if u want the kid keep with you.if you dont want send him.
Hi.. if u don't want to give divorce then file case for restitution of conjugal rights by that u can ask your wife to stay with you and pertains to child court will give visitation rights to both parents.
Thank you
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Adv. Rama Chandra Shenoy
Bangalore / Bengaluru | 400+ Answers
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Dear Sir,
You may file Restitution of Conjugal Rights against your wife as per following provision of law.
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Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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, may decree restitution of conjugal rights accordingly. 8 [ Explanation. Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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