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Marriage Dispute - wife dont want to come


24-Feb-2023 (In Divorce Law)
Hi... i got married in april 2017 and ever since my wife is not settle down in my family well. She always try to make issue in the family and after that goes to her maternal house and make false statements against us in front of her parents and do not want to come back. I, many a times convince her despite her mistakes, to come back and live with us. Now again she fought with me and with my family and went to her maternal house and did not come back since 7th Dec 2018. She does not care, How I am living without her and our son. I called her father to sent back but he is also don’t want to hear us because he believes his daughter is right all the time. Now I am really fed up with all this. My question is : If I give divorce to my wife, can I get the child custody? Being a house wife she did not even gave mother milk to my son during the initial 6 months. And what orders can court give against me if I file a case under desertion and cruelty? Because I don’t want to give anything to her.
Answers (3)

Answer #1
533 votes
file a petition under section 9 of the Hindu Marriage Act which deals with restitution of conjugal rights. Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
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Advocate Rinku Chaudhary

Adv. Rinku Chaudhary

LawRato Karnal | 25+ Answers
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Answer #2
950 votes
Yes, definitely you can take the custody of ur son , when ur lawyer would file divorce petition at that juncture mention that custody of child will be of urs and that ur wife would have no right or concern with ur son and when asked from her if she denies then court will order the custody with you. A suggestion, if ur both are ready for mutual separation, then before filing case discuss about that who will be taking care of child and mention in the plaint.
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Advocate Kunal Chopra

Adv. Kunal Chopra

LawRatoKarnal | 50+ Answers
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Answer #3
744 votes
Hello I your case you have two options if you want your wife to come back file petition under section 9 of Hindu marriage act or if you want divorce file petition under section 13(1) of Hindu marriage act on grounds of cruelty. Regarding child if child is 5 years or below court will give custody to mother but you can ask for visitation rights and after six years file petition for custody on ground of child welfare. Last option could be of mutual divorce
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Advocate Ranbir Singh

Adv. Ranbir Singh

LawRatoFaridabad | 25+ Answers
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