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What to do i don't want to divorce my wife
25-Jun-2023 (In Divorce Law)
I am Hindu .Living in delhi. my wife has left me without any major issue.I got married last year in May, this is love cum arrange marriage. This year on May 10th, she left the home and said she never come just because of my unmarried sister and mom. In between, she has miscarrieged of one and half month pregnancy. when she is at her home, she did not pick my phone and never told about her miscariege. She also using facebook and talk to some other persons and given her mobile to other person. I never tolerate this but I love her I just want that she come back at my home . she doing pressure me for separation from my parents. I am only son of my parent and they are senior citizen. I am living on rent. she is stubborn always talks for separation. what should I do?May i filed a case for restitution of conjugal rights? Is it better for our future life. I love her . I cant leave my parents and my wife. I do not want give divorce to her in any way.
Sir,
Your situation is slightly complicated because you and your wife want different things. I would suggest you try and go for marraige counseling to resolve your dispute so that you marraige can continue. If that does not work then we can explore other possible solutions.
We can help you for both cases.
Pls feel free to contact if you wish to take the case further.
Regards
Agir Gupta
Advocate
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Adv. Agir Gupta
Delhi | 25+ Answers
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you can file a section 9 petition and try to get her to come to court and the matter can be settled between you two. incase the mediation fails and she refuses to return then you will have to file a divorce petition
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Adv. Palak Nenwani
Delhi | 100+ Answers
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Sir,
Given your scenario you should file for restitution of conjugal rights and try to grt her back home. However, you should also seek some legal assistance and prepare yourself in case you wife may file for a Divorce or case for cruelty caised at your home. Restitution of conjugal rights also serves as a precaution, if in case she files a divorce petition.
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Adv. Prashant Kumar
Delhi | 50+ Answers
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The way you have narrated about ur case, it seems you have a very strong case to win. Hon’ble SC and Various High courts on seperate occasions have said it many times marriage under Hindu marriage act is sacrosanct and it can not be dissolved on false and frivolous grounds. Hon’ble SC and High court has also said that undue pressure from wife on husband amounts to cruelty. I would also like to know about the income status of ur wife and ur income status as well.
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Adv. Abhishek Singh
Delhi | 25+ Answers
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While you could definitely file for an application for restitution of conjugal rights; the question is would it be helpful? In my humble opinion you may seek to go to a marriage counselor and seek therapy with a psychologist. If the said efforts fail, parting ways may be the best course of action, albeit a little painful.
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Adv. Vishesh Bansal
Delhi | 5+ 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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