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Regarding legal procedure to divorce a Hindu wife


14-Aug-2023 (In Family Law)
Respected sir/madam, My wife living separately from last 4-5 months. I am Hindu by religion.I approached to her house to bring her in matrimonial home but she and her parents refused our request. We also 1 year baby boy. She wants to live separately from my parents without any reason, but i cant leave them.I want to divorce her so what is procedure and what will cost alimony. And what precautionary measures i have to take if she filled false complaint against me and my parents. And also what is legal procedure to bring her in matrimonial house.
Answers (3)

Answer #1
590 votes
hi

in this case if you want bring her back then you have to file petition for restitution of conjugal rights.

as you have a baby it is not advisable to get divorce, instead I'll advice to resume marital relationship for the better future and upbringing of the child.

precautions for false complaints: there is remedy in terms of anticipatory bail if any criminal case is filed and you can also approach high court for quashing of the same
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Answer #2
533 votes
you are decided to separated from your wife by making divorce petition you can do s how to file the divorce petition in the competent court . further if you want any suggestion or Consultants you can contact with me immediately for future action . definitely I will help to you .
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Answer #3
735 votes
Please file case under sec 9 Restitution of conjugal rights as soon as possible prior to any kind of false complaint lodging by your wife or her relatives.....as both parties have right to approach court to ask the other partner to continue matrimonial life with him or her and as mentioned for the bright future of the child born through the wedlock.
In case the marriage cannot be continued in any case as wife not willing to take care of your parents then also mutual consent divorce is advisable as its almost 5 months both of you are living separately and after completion of an year of judicial seperation period you get divorce decree after 6 months.
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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.

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