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Wife deserts me on petty fights and breaks all communication
02-Oct-2023 (In Family Law)
I was married in December 2018 in Mumbai and the marriage is registered under Christian marriage act. My wife after our return from Bahrain staying 6 months together, abandons me at her father's advice. She leave my home in July escorted by her parents to Bangalore citing unproven discomfort and demand a seperate residence. No such demands were made before marriage and neither was any money or gift exchanged and no wealth was demanded by us. However constant fights erupted between me and my wife as she constantly defended her parents. Now 3 months have passed without any contact. She has blocked me on all social media and so have her parents. Please advise on the legal options available prefer restitution over separation. And if annulment can they demand alimony.
Dear queriest, as per your query you have mentioned about the fact that your wife has deserted you and has demanded separate residence from your parents, and you need legal guidance for the same, therefore it is suggested that if she has deserted the matrimonial home without any sufficient grounds then it is better to go for restitution of conjugal rights so that you will be safe from maintenance part and also if she has vacated the society without any sufficient grounds then she is not eligible for demanding any alimony from you. for more information in detail kindly call me for the same
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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In this matter you can file petition for restitution of conjugal rights within family court and if suppose she is not coming then as another option you can claim separation and can get decree. For that you can mail her legal notice through Attorney.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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Address a notice upon your wife for the restitution of marriage. If denied by your wife then it would be advisable to file a petition for the restitution of marriage before the court of competent jurisdiction. The question of maintenance is a grey area because if you seek a divorce on the grounds of desertion by your wife the courts have adopted a view of favouring the wife for maintenance however the same can be disputed depending upon the facts and circumstances of the case.
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Adv. Tariq Lambe
Mumbai | 25+ Answers
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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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