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Planning to desert wife and children and settling abroad.. Give advice
25-Jul-2023 (In Family Law)
My sister's husband doesn't take care of wife and children(aged 5 and aged 2 years) ... He is planning to desert them...also planning to move to US and settling abroad... My sister is also worried if custody of children wud go to him... She doesn't want divorce... What to do?they are hindu
hello sir, I went through your query. your sister can opt for the restitution of conjugal rights if she does not want to get divorced. in this she can ask her husband to stay with her and live like an ideal couple.
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Adv. Megha Mary Thomas
Delhi | 100+ Answers
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Either take a restraining order against him or approach the court with maintenance proceeding and once maintenance is fixed then her husband can't desert her and if he do so then he has to bear the consequences.
Please note that this advice is on the face of some little you have given but to advice you properly one needs to know each and every fact.
Please note that this advice is on the face of some little you have given but to advice you properly one needs to know each and every fact.
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Adv. Shivam Sharma
Delhi | 100+ Answers
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The best legal recourse available is under section 9 of the Hindu Marriage Act,1955 which is Restitution of Conjugal Rights by which firstly a legal notice will be sent to the husband where he will be given 15 days time to bring back the harmonious relationship. After the expiry of the term, a petition will be filed under section 9 in the court whereby he will be summoned by the court and will be asked the reason for leaving the wife. He will be stressed by the court for cohabiting with you. If not, then on that basis he can be asked for divorce. if this happens, custody application of your children will be filed against him.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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