How to stop wife from filling divorce

717 votes

U can file a case in the Family Court under section 9 of the Hindu Marriage Act for 'Restitution of Conjugal Rights'. In the Family Court the court conducts mediation proceedings as well where both of you can sit and talk and possibly she can come with you.

LawRato LawRato

903 votes

Dear Citizen,
Your matter seems to be of urgent nature that requires immediate legal support.

First of all, it is my understanding that the other party has made you sign on a mutual divorce petition. This petition is completed in limited hearings. What you can do is that you can deny getting divorce once court calls you. Judge will dismiss the petition on first hearing itself. However this does not mean your wife cannot file for divorce on grounds of cruelty etc. And that divorce petition has to be contested. Court also provides counselling and meditation services that help husband and wife come to terms. You can opt for that during the pendency of divorce petition.

However if the other party has made you sign on some other document, you need not worry as divorce decree can only be passed by courts and affidavits and panchnamas are not valid.

I would also suggest you yo appoint an advocate who will place objection on hearing and apply for counselling.

It is further advised that you should appoint an advocate and instruct him to file a petition for restitution of conjugal rights which will essentially compel your wife to rejoin your company.

If you have strong feeling that your wife is being withheld by her family against her wish, you can file a petition before SDM under S. 97 of criminal procedure code by which you can get her out.

Keep in mind that the other party will also pressurize you by filing false 498a (dowry demand) case. And also ask for maintenance in the form of money and advocate fees. Hence to save yourself from getting harassed you should get legal help immediately.

Feel free to contact.
Regards,

Advocate Apoorv Pandey LawRato

888 votes

First of all, you should send her a legal notice by a learned advocate, in which it should be mentioned that in spite of her behavior whatever you are facing , you want to welcome her , if no reaction, file an application under section 9 in family court

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 — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.] 9 [***]

Advocate R.K. Gupta LawRato