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Wife not returning back with daughter how to get them back
23-Jun-2023 (In Divorce Law)
My marriage is happened before 9 years & love marriage. There is only problem between us is I had random problem with drinking which I had left before month ago because of problem. But My wife left with me with my 7 yrs daughter to her family home. She is strongly want divorce when I am already try to convince her from month that now its not going to happen again & I can handle any situation in future & i want to save our life & daughter's future but she don't want to listen anything she had black my call, msg, whatsap, facebook everything. Her family strictly talk to me with bad language & don't let me in to her house or meet her. I worried about her action, she is totally hypnotized by her mother more & her mom not want that she can live with me again. I know she is angry but there is no any other bad habit I have. I told her that i had already balance my life my job also running good.. What to do?
Hi,
Things will take time, wait for time and try to settle these issue amicably by speaking directly to your wife.
If things not work out you can file a petition U/S 9 HMA
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
Thanks
Things will take time, wait for time and try to settle these issue amicably by speaking directly to your wife.
If things not work out you can file a petition U/S 9 HMA
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
Thanks
Helpful?
10+
10+
Adv. Ramit Sehrawat
Delhi | 400+ Answers
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Dear
According to me you can straight way state to your wife that you will not drink in feature so don't be ruined the marriage life. for that you put some concrete assurance to your wife. Second thing you in case she does not meet to your daughter then file visitation right application through your advocate in the court and get order from it.
Thanks
According to me you can straight way state to your wife that you will not drink in feature so don't be ruined the marriage life. for that you put some concrete assurance to your wife. Second thing you in case she does not meet to your daughter then file visitation right application through your advocate in the court and get order from it.
Thanks
Helpful?
16+
16+
Adv. Nayan Mehta
Rajkot | 100+ Answers
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well in this case the only option you have is to file a case in family court for restitution of conjugal rights under section 9 of hindu marriage act and you can also file a custody of your daughter as well as visiting right of your daughter.
Helpful?
20+
20+
Adv. Nirmit Pathak
Ahmedabad | 100+ Answers
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