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Wife put false allegations living separate but not giving divorce
27-Oct-2023 (In Divorce Law)
I am having issue with wife. It has been 4 years of marriage with a 2 year old son. Within 6 months of the marriage she left the house with the argument that she cannot cooperate with my parents as she is a working woman and need her space. She also put forward a condition that since her father lives all by himself, which will keep her tensed so she will stay with her father. She has been blackmailing me ever since for some reason or the other. However, she does not want to end the relationship either. Later, after one year she along with her family convinced me to forget the past and move ahead so one fine day she came back on her own. I was unaware that she had other plans as she does what she wish. One month after her pregnancy she left the house again and has been living with her father. She always willingly picks up fights which became physical at the end. She have filed a complaint which was not registered but was told to stay away from her and the kid.
You can file a suit under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. If your wife still doesn’t come back you can file for divorce under the same act. Also, claim for custody or visitation rights for your child.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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you can file a restitution case that you want to stay with your wife and put a prayer that you want both your wife and child and want to lead a normal happy life. As per traditions a wife is supposed to stay in matrimonial home and not in paternal home after marriage forcefully or as per her whims and fancies.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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As your marital relationship has been still subsisting being illfated deprived husband you are directed to file a suit under sec.9 of Hindu Marriage Act.for restitution of conjugal rights before the competent court claming to bring back to reside with your wife and child at your place.on the ground that you are depriving to enjoy your conjugal life. you can also claim the custody of your child on the ground that the working mother fails to take proper care of her child by filing a separate case.it will give pressure to your wife to compromise with you either to continue marital relationship or to dissolve the marriage.
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Adv. Biswajit Roy
Asansol | 25+ Answers
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