my wife staying at his fathers home and blackmailing


married in 2011,now its been 3 years my wife started created problems and does not want to live with also threating me for dowry case and many others.she is stayng with her father for more than 1 year and tried to convience her many times.

she is not allowing me to see my children aslo.she is not even thinking of my children.not sending my first children to school who is now 3+ years old.i want my children back for their good and want my self free from her,where she has not seen me for a year.

please tell me what can i do

Answer


If you wish for a better future of your children, we suggest you should visit a marriage counselor with your wife and solve your issues amicably as divorce of parents have a very negative effect on children.


Now regarding your query,

Assuming you are hindus,

If you wish to continue the marriage and want your wife to return to your matrimonial home then,
you can file a case under section 9 of the Hindu Marriage act which deals with restitution of conjugal rights.

Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

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Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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

But, if you don't wish to continue your marriage you can file for divorce under section 13 of the Hindu Marriage Act

Grounds for Divorce under the Hindu Marriage Act, 1955 are as follows:

Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation.

And according to your situation your divorce case would come under section 13(1)(ia) of the Hindu marriage act.

Along with the divorce case, a case for child's custody can be filed and after considering the facts of the case the court will decide to whom should the custody be given for the betterment of the children. 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

my wife complain that we ask dowry at the time of marriage they give about 6 lakh something which they mention on police station after 6month our case…

Read More

i am 23½ years old and my parents forcefully done my marriage at the 19½ age that time the girl age only 15.. i am fully against this ch…

Read More

my wife has put a false case of DV and Dowry against me. it is false can i put a reverse case against them for filing these cases against me…

Read More

My wife filed a fake Dowry Demand complaint against me and my parents just after one month of marriage. She came with multiple diseases which were ide…

Read More

Talk to a lawyer for your legal issue