What to do if wife wants divorce but husband does not want to


My brother wife went from home actually she want divirce, they have one child.so my brother not interested to give divorce he want his son is it possible to return home


Answers (2)

If there is a problem then answer also exists. It is possible to bring them back. But what made her to do so.What is the age of the child. You contact me with full details. My details available in profile.


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Marriage is administered by Personal laws which administer the terms like divorce, maintenance, custody and restitution of conjugal rights.

Conjugal Rights mean Right to stay together.

Hindu Marriage Act, 1955 (Section 9) says If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.

Section 9 is to save marriage.

The term Conjugal Rights could be placed against any of the spouses guilty of staying away from the other party without a proper reason. If the suit succeeds then the couple would be needed to stay together.

The decree of restitution of conjugal rights cannot be actioned by forcefully making the party who has gone away from the society from the other party to live with the one who sets petition for restitution.

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