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Girl left matrimonial home without any cause now demanding maintenance


05-Apr-2023 (In Divorce Law)

Sir My son got married last year on 24th Jan. 2015. His wife stayed with her for 18 days at my place after the marriage. On 26th Feb. 2015 she went her father's home in Ghaziabad. She stayed her parent home saying that she is doing coaching for PCS exam. My son and my family tried to contact more than ten times to communicate her. But she switched off her phone. Now after nine month she filed a case of 125 Crpc against my son. Now she is demanding 20 lakh and imposing false allegation of DV.

Answers (2)

Answer #1
851 votes
Sir, your matter needs a thorough discussion though you have not mentioned your desire whether you people want her back or want divorce. Pl meet me personally for a proper solution of the matter. Nitin Kant Ahluwalia Advocate
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Advocate Nitin Kant Ahluwalia

Adv. Nitin Kant Ahluwalia

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Answer #2
641 votes
Sir, there is explicit provision in the section 125 itself that no maintenance can be granted when the wife is living separately without sufficient reasons. Preferably your son should file a suit for restitution of conjugal rights contemplated under section 9 of Hindu Marriage Act but advisable to find out reasons why she is not residing with the husband and there may be circumstances out of the control of the girl and even she may have been terrorized by her parents or family members to do so and in the pressure of family she has filed the application. If the circumstances so fall, advisable to file a writ of Habeas Corpus to get the girl out of unlawful custody.
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Advocate Piyush Shrivastava

Adv. Piyush Shrivastava

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