Sir my wife went to her parents home with my infant son. Now she is not ready to come back to her ma

Question

Sir my wife went to her parents home with my infant son. Now she is not ready to come back to her ma

10-Oct-2023 (In Divorce Law)

Sir my wife went to her parents home with my infant son. Now she is not ready to come back to her matrimonial home and forcing me to get a separate house bcz she don't want to live with inlaws. She is also threating me to send 20K every month as a maintenance money and if I don't do so she will file cases against me. I asked for divorce she is not ready for MCD. I m sending some money for baby every month. But since 3months she gone, she is just threating, not filing any cases. I haven't done anything wrong to her. They wanted to make me "ghar jamai" tht was their plan, I denied so she went. WHAT SHOULD I DO? I don't want RCR.

Answers (3)

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Adv. Sinjari Bandyopadhyaya Banerjee Adv. Sinjari Bandyopadhyaya Banerjee

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Advocate Priyanka Singh LawRato · Accepted Answer · 2021-10-10T17:32:59+05:30

Answer #2

no problem you can from your side file for contested divorce as she is not ready for mutual divorce and maintenance or alimony will be decided by the Court or you can take other steps of filling case against her

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Adv. Priyanka Singh Adv. Priyanka Singh

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Advocate Tanmoy Chattopadhyay LawRato · Accepted Answer · 2021-10-10T22:06:52+05:30

Answer #3

Presuming you have married as per Hindu marriage act then you can certainly file a case of judicial separation if the pre requisites are meet. after you get a decree for the same you can file for divorce after one year without proof of anything else except of the fact that during the last one year there was no cohabitation. but if you have a strong case for divorce then you can directly file a case for contested divorce under section 13 of the HMA. if you are not able to persuade your wife for MCD then contested one will be the only remedy before you. also child custody is a vexed isse until the age of 7 of the child. but the interest of the child is of paramount importance in deciding the child custody at any stage. if you are determined not to live with your wife anymore then you don't need to opt for the option of RCR and that won't change your situation adversely.

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Adv. Tanmoy Chattopadhyay Adv. Tanmoy Chattopadhyay

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