What can I do if my wife is not staying with me? What if wife is not staying with husband?

Question

What can I do if my wife is not staying with me? What if wife is not staying with husband?

17-Jul-2024 (In Divorce Law)

Hi, I’ve been married for approximately three years and have a two-year-old son. My wife is not staying with me and keeps finding reasons to go to her father’s home, even saying she doesn’t want to live with my parents. In these three years, she hasn’t stayed with me for more than three months at a time. We’ve tried to bring her back home, but she always gives a new reason. Her father is also threatening to file a fake harassment case against me. What can I do if my wife is not staying with me? What if wife is not staying with husband?

Answers (6)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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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.

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LawRato LawRato · Accepted Answer · 2024-07-17T18:34:17+05:30

If a wife is not living with her husband in India, the legal recourse depends on the couple's intentions. If the husband wishes for her return, he may file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955. If reconciliation is not desired, he may file for divorce on grounds such as cruelty or desertion, provided the legal criteria are met. Prolonged separation (typically two years or more) can also be cited as a ground for divorce. However, mere separation does not automatically result in divorce unless legally pursued.

Advocate Shashi Chaturvedi LawRato · Accepted Answer · 2024-07-17T18:34:17+05:30

Answer #2

In such a situation, you can file a Restitution of Conjugal Rights case against your wife, in which the court would ask her to stay with you. You will also get a benefit if she files maintenance cases against you in the future. For further info, contact me.

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Adv. Shashi Chaturvedi Adv. Shashi Chaturvedi

Thane | 5+ Answers

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Advocate Namitabh Kothari LawRato · Accepted Answer · 2024-07-17T18:34:17+05:30

Answer #3

Please take the decision keeping your future life and long term in mind. If she is not ready and threatening to file false cases, then you will have to take legal steps after thinking over your decision as to whether you want to live with her or without her. Depending on your decision, further advice can be given.

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Adv. Namitabh Kothari Adv. Namitabh Kothari

Mumbai | 25+ Answers

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Advocate Rohit Shaligram LawRato · Accepted Answer · 2024-07-17T18:34:17+05:30

Answer #4

Hi, in this case, you have to send a notice to her expressing your intention to cohabit and continue marital life. In case you don't want to continue the marriage, then you can proceed to family court for divorce proceedings.

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Adv. Rohit Shaligram Adv. Rohit Shaligram

Pune | 5+ Answers

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Advocate Nilesh Pachpor LawRato · Accepted Answer · 2024-07-17T18:34:17+05:30

Answer #5

The solution depends upon you if you want your wife to come back to you then you can file a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights and if you don't want to live with her then you can file a divorce case in family court.

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Adv. Nilesh Pachpor Adv. Nilesh Pachpor

Nagpur | 25+ Answers

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LawRato LawRato · Accepted Answer · 2024-07-17T18:34:17+05:30

Answer #6

You can file a complaint at the nearest police station regarding the harassment. Meanwhile, you can move to court and file for divorce on the ground that your wife does not want you to live with your parents, which amounts to cruelty according to the Supreme Court judgment dated 13 November.

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