Wife left marital home without any reason
23-Jul-2023 (In Divorce Law)
I got married on 4th May 2017. In July my wife went to her parents house for a month (due to local ritual). She came back after a month and then she left my home after two-three days. I went to her parents home twice to bring her back but she refused to come back to home. Now her family has filed a case against me that I am not paying for her expenses. We are not talking even on phone since October or November. Please suggest what should I do?
Dear Client,
As per law she has right to claim maintenance from you. But there are some limitations in this law like if she/wife is able to earn and well educated to earn for her own expenses, in such situation she can not claim any maintenance from you/husband.
Now if she is not willing to come back to your home, you must file a case for Restitution of Conjugal rights under section 9 of Hindu Marriage Act. Once you got a decree in in your favour, wait for some months and later on you can file a case for divorce stating all the relevant grounds, facts and circumstances.
For further clarification you can contact me.
Ajit Singh Thakur Advocate
New Delhi
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If you intend to resume the company of your wife who has left you without any plausible reason, in such case u may file a petition under sec 9of hma, 1955.in case of maintenance as claimed by her, you may oppose the same.
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