Marriage in 2016 , 1 son issue in marriage wife not ready for mutual

Question

Marriage in 2016 , 1 son issue in marriage wife not ready for mutual

12-Sep-2023 (In Family Law)

my marriage took place in Jan2016,In March 2016 my wife stayed pregnant. From the date she's pregnant,my wife and her mother started behaving weired.On 15-Aug I dropped her to her parents town for delivery.We blessed with baby boy on 14-Nov.On 11-feb-2017,we organised a function for naming baby.That day she and her parents behaved so worst and made me so angry that in evening I asked my mother in law to keep her daughter and baby with her.My wife and her mother immediately went back to their home(may be they wanted this).within a month my wife asked me twice for divorce.By putting some intermediate people in between,we tried to patch up,but I kept one condition that her mother will not enter my house as she wants to break my family.But my wife is allowed to go her parents town whenever she wants.but it wasn't successful.now she's asking to take condition back and asking me to pledge her parents for forgiveness which is not possible.she's not ready for mutual consent. I want divorce.

Answers (5)

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Adv. JV Bhosale Adv. JV Bhosale

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Advocate Rajeshwari Rajendra Bhosale LawRato · Accepted Answer · 2017-09-12T18:24:33+05:30

Answer #2

You can file petition for either for restitution of conjugal rights to call her back or for divorce on the ground of cruelty and desertion.. you may ask for access and permanent custody of your child. It depends on you what actually you want to do. You can start legal action by sending legal notice with your detail story. Don't worry.. take proper advise and move ahed..

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Adv. Rajeshwari Rajendra Bhosale Adv. Rajeshwari Rajendra Bhosale

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Advocate Jitendra Wagh Patil LawRato · Accepted Answer · 2017-09-12T19:31:29+05:30

Answer #3

Hi, You may go for restitution of marriage rights against your wife. If she denies that might be a good reason for divorce. If you wish to continue with her marriage life that also possible by way of this remedy. Second one, you may direct file divorce petition against your wife which you need to prove cruelty on you. You may take some other grounds for divorce if it is with your case. Good luck.

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Advocate Menaz Maqbul Shaikh LawRato · Accepted Answer · 2017-09-13T01:25:51+05:30

Answer #4

You can file for a contested divorce in the family court. The quantum of alimony or maintenance if any, received by your wife will be by the orders of the judge after considering the various factors like your wife's education/salary/properties owned by her etc. You should also file for an access application in your main divorce petition to enable yourself to freely meet your son as your wife won't let you meet him to create pressure on you.

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Adv. Menaz Maqbul Shaikh Adv. Menaz Maqbul Shaikh

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Advocate Pravinkumar Pandurang More LawRato · Accepted Answer · 2017-09-26T17:46:36+05:30

Answer #5

you have to file the divorce before the Family court on the ground of cruelty under the section 13(1)(ia) of the Hindu Marriage Act and also sent one legal notice to your wife before filing of the divorce petition

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Adv. Pravinkumar Pandurang More Adv. Pravinkumar Pandurang More

Navi Mumbai | 25+ Answers

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