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Procedure for contested divorce as wife does not want to stay together


20-Nov-2023 (In Family Law)
I WAS MARRIED WITH A GIRL IN JAN.,2016 AS PER HINDU RITI AFTER OUR MARRIAGE MY WIFE HAMESHA MUJHSE AUR MERE PARENTS SE JHAGRA KARKE APNE PARENTS KO BULA KAR CHALI JATI THI PHIR MERE PARENTS AUR RELATIVES KE SATH MAI JAKAR USE USKE PARENTS HOUSE SE LEKAR AATE THE AISA USNE 01 YEAR KE UNDER 5-6 CHANCE KIYA , 08.02.2017 KO PHIR USNE AISA HI KIYA USKE BAD MERE PARENTS KE SATH MAI USKO LENE GAYA PAR SHE DIDN'T COME AND USKE BAD USKA BHAI, AUR RELATIVE AYE KAHA KI BO NAHI AANA CHAHTI HAI DIVORCE CHAHTI HAI. PHIR USNE MAHILA THANA ME MERE KHILAF COMPLAINT KI AUR MENE S.S.P. KE OFFICE ME USKO BAPAS LANE KE LIYE APPLICATION DI AUR COURT ME SECTION -9 ME APPLICATION DI JO PENDING HAI PHIR SHE COMES EK AGREEMENT HUA. LAKIN USNE PHIR SE APNA OLD BEHAVE JARI RAKHA AUR MUJHE DHAMKI DEKAR AUR JHAGRA KAR KE MERE APNE PARENTS SE SEPRATE KAR KE MERE PARENTS KE GHAR ME HI KHANA ETC SEPRATE KAR LIYA. SEPRATION SE 01 DAY PAHLE 100 NO. PHONE KARKE POLICE BULAI, POLICE USKI GALTI BATAKAR USE SAMJHA KAR
Answers (3)

Answer #1
800 votes
Hi,
It seems that your wife is still living with you as it is not clear from your query. In case she is living with you in the same house separably, she needs counselling to rectify her behavior. I think the section 9 is irrelevant if both of you are living together.
If she is still behaving cruel with you and your family you may you may approach the police and file a FIR against her.
Over and above all it is not clear from your query that what exactly you wish to know and remedy for?
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Answer #2
566 votes
Iss matter mein mujhe aisa samajh aa raha hai ki aap apni wife ke saath rehna chahte the par woh baar baar ghar se chali jaati hain aur iss baar jab woh waapis aayi bhi hain toh aap ke ghar mein kaafi takleef de rahi hai aur aapko mansik taur par yaatna de rahi hain.
Isliye main yeh advice karungi ki aap Sec 13, Hindu Marriage Act ke under divorce petition file karein aur grounds, 1. Cruelty 2. Mental Agony
3. Aur parents se separation rakhein.

Aap apne nazdeeki police station mein jaakar ek complaint bhi likhwaye ki aapki wife aap par jhoothe ilzaam lagati hai aur aapko pareshaan karti hai, isse aapke case mein fayda hoga.
Aage ki jaankari ke liye personally contact karein.
Aapko divorce ke liye sahayta ki jayegi.
Take care and regards.
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Answer #3
875 votes
Helo ,in divorce proceedings, there are Some period to file a divorce case , which counts from the date of marriage. You hav also file a case of sec 9 for the purpose that you want to stablish your relation again , which is pending. There are recent guidelines of Supreme Court that if wife is making unnecessary pressure to live separate without your parents, then it is also a valid ground for divorce. There are some certain grounds for divorce. For more information contact me. Thnx
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