681+ Lawyers are online 
Procedure to bring back the girl to matrimonial home
09-Oct-2023 (In Family Law)
A Hindu guy married with a Muslim girl in 2012 at Gaytri Mandir & I got a married certificate from there. Now we have a boy kid of 3 years 7 month old. July 2014 she went her parents home and sep 2014 she hand over me my kid & she start to leave there. At the time my son was just 6 month old. From that day to till day I take care of my son. From last 3 years we are leaving separately without taking divorce. But we are always in touch with calls, what up & we meet regularly outside from home. Now she want to marry with some other person in her community for her parents satisfaction but don't want to take divorce. Even we had a wonderful trip for 4 day from 29 Sep 17 to 2 Oct 17 outside Patna. It may be possible if I go to court for bring her at home she may be want divorce. But I don't want to give her divorce. I want to bring her back without any condition. She is ready to live with me again but she want that I convert myself but I don't want to convert myself.
Dear Client,
In your case I want to say that we have legal rights and some moral & social duties also. If you both have no any problem to live together than both of you must live together. you can take help from the court under sec-9. Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (Right to stay together). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.
As per best of my knowledge she can't get marry to anyone without taking divorce from you. so, my advice you shouldn't give her divorce.
In your case I want to say that we have legal rights and some moral & social duties also. If you both have no any problem to live together than both of you must live together. you can take help from the court under sec-9. Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (Right to stay together). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.
As per best of my knowledge she can't get marry to anyone without taking divorce from you. so, my advice you shouldn't give her divorce.
Helpful?
Adv. Minu Sinha
Patna | 100+ Answers
CONTACT NOW
Dear Client,
As per Hindu Marriage Act, you can file a "restitution petition" in the respective Family Court in order to bring her back in your house. This is the only solution that you have in your hand to bring her back by court.
As per Hindu Marriage Act, you can file a "restitution petition" in the respective Family Court in order to bring her back in your house. This is the only solution that you have in your hand to bring her back by court.
Helpful?
Adv. Kumar Karan
Patna | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
