What action can my wife take if she has returned to her parents home


I have been married for 5 years and after some minor issues 3 months ago my wife went to her parents home. What all legal actions can she take? How can I safeguard myself?

Answer

The following are the legal actions your wife can take against you :

1. She can file a case under section 498 A which deals with harassment depending on how long have you been married.There are other offences she can accuse you off.

2. She can file a case for divorce against you and  can claim for maintenance.

The way you can safeguard yourself is if you wish to get separated from your wife you can file a divorce case before she goes ahead.

Else if you don't want a divorce you can file case for restitution of conjugal rights.

Assuming you are hindus,

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Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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

 

 


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 Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 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

1. She has promised that will be back after 15 days but still there why at parent house at mumbay. 2. She started work at mumbay without consulting my…

Read More

Actually my brother got married in Oct14 through a matriomonial site. But in 60days the girl started behaving badly. And in 2months she got preganant …

Read More

We got married in the 2005 and have a son. In the year 2010 we had a dispute on a small issue and we have been separated since then. My wife says that…

Read More

Sir, Most respectfully I beg to sayi domiciled of 43/2 New Hanuman Puri Meerut. MY EDUATION AND CHILDHOOD ARE PASSED IN SUBHASH NAGAR MEERUT CITY UP. …

Read More

Talk to a lawyer for your legal issue