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Wife with baby deserted husband and sent notice


19-Dec-2023 (In Family Law)
I got married in 2006. Since our first child was born in 2011 , my wife is living with my in-laws in Kolkata citing reasons like baby care and her career. I have Govt offered Job and 3 BHK house in Delhi. But she refuse to come to Delhi at our matrimonial house citing absurd reasons. I cannot go to Kolkata oftenly to see my child keeping in view my job commitments and responsibility of my ailing mother. Now she has served notice accusing me of " reluctant to take responsibility of Kid"
Answers (4)

Answer #1
541 votes
Send a proper reply to the notice, stating your reasons etc. and if you want to continue with the marriage file section 9 petition for restitution of conjugal rights and if you want divorce can file a divorce petition on the ground of cruelty.
Answer #2
900 votes
This is a clear case of desertion and cruelty. The notice she has served holds no good in the eyes of law. You can file a reply or a counter complaint or file a divorce case if you deem fit. Please let us know.
Answer #3
765 votes
helllo
there is no scope of legal notice in the matrimonial issue. if she sent notice to you then certainly yo have to reply the legal notice with all the fact and circumstances and even you can asked her to come and live with you through the reply of the legal notice and if she refused to come then of the basis of that you may file appropriate case like divorce/custody of minor child/restitution of conjugal right case .
thanks and regards
Answer #4
594 votes
You file a case under section 9 of hindu marriage act for restitution of conjugal right as soon as possible because it will clearly show you intention to keep your wife and baby with you. You also reply her notice accordingly.

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