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Procedure to apply for restitution of conjugal rights
08-Nov-2023 (In Family Law)
Hello I am 33 years old and wife has filed the subject line under section 9 along with it she have put in false allegations on me and my family regarding dowry harassment and a lot of false stuff... The reason being is she doesn't want to leave her job as well as she is forcing me to live away from my widow mother and my younger brother. The strong point I have is she is a divorcee by mutual consent in her first marriage which only lasted for 2 years also the duration of my marriage is 2years 9months... Now I am wondering if the lady is ready to live with me or should I file a divorce under cruel treatment by her.. Also please advice what has been the output of such kind of cases... We have not been living together for almost an year now.. Please advice asap.. Lastly my wife is from a different state and I am from a different so it's very hard for me to commute to her city so can I get this case transferred to my state or delhi.
Sir first of all collect evidence of her working and earning . Then file application for the transfer of the case at your place . In the same petition file application for the police investigation for the cases and alligation she has put on you and your family. Then lastly file for divorce on the ground of desertion . Use her earlier Divorce for the same reason .
Helpful?
Dear Querist, as explained your wife has filed a petition under section 9 which is for restitution of conjugal rights that means she wants to live with you. She might have dragged your mother and brother alongwith you in harassment case. It is good to have a detailed discussion of your case and find a recourse to your problem. Thanks & Regards.
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Adv. Megha Kain
Delhi | 25+ Answers
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your wife can not force you to leave your mother and younger brother and this is ground for divorce. you can file a divorce petition separately. you can also file a transfer petition in supreme court for transferring the case. you can contact me for further advice.
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Adv. Nitin Kumar Jain
Delhi | 100+ Answers
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