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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
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
Helpful?
33+
33+
Adv. Ajit Singh Thakur
Delhi | 25+ Answers
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What happens if husband and wife are not living together?
The Hindu Marriage Act of 1955, Section 10, allows spouses to legally divorce by suspending the marriage. If the husband has been living apart from his wife for six months, he can file a legal separation application with the court. The husband will need to prove that he has a valid legal basis for requesting relief.
What do I do if my wife doesn t want to stay with my husband?
If she agrees, you should file a mutual divorce under section 13(B) (Hindu Marriage Act). If she does not want a divorce, then you should file a petition for judicial seperation or a petition for divorce.
How do I deal with my separated wife?
Recognize it is OK to feel differently. ...
Take a break. ...
Do not go through it alone. ...
Take care of your emotional and physical health. ...
Avoid power struggles or arguments with your former spouse. ...
Explore your interests. ...
Think positively
What happens when a wife leaves her husband?
The person who leaves the marriage is not forced to return but will be financially responsible via a court order for child support, spousal maintenance, and property division. 07-Sept-2023
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.
Helpful?
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Adv. Ankur Abrol
Dharamsala | 25+ 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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