Marriage date may 2011 Incident date may 2016 2 years ago I dropped my wife at (dehradun)her parents for summer vacation where she told me that she don't wish to come back to in laws (patiala punjab)place again she told me if pressurised she will kill the daughter and herself and blame it on me and my mom. Upon listening I agreed and let her live at her parents. I also went there for 1.5 years to persuade her to either come back or settle in other locality to which she refused. During this period almost no physical relations were made by her side. Now I came back coz neither she is returning,nor she willing to bear another child. Her parents opened her a shop and she is looking after it. Now when I called her when she is returning she is giving diplomatic answers Like she will come back but not telling the time period. She is also not willing to give divorce.( Mutuality) She told me that she will come after honing her skills which can take years and after earning 50 lacks so that she can start her business here. I'm 35 now She is 32 My mom is 58 I cannot look after her if I take job outside. She can but she is not giving any specific time.
Hello,
If you want her back then you may file a suit for restitution of the conjugal rights under section 9 of the Hindu marriage Act because she has left your companionship for no valid reason per se.
contact a local lawyer for filing the same.
Regards
Since you have not mentioned what exactly are your views on the future of your marriage, you have two options. 1. You can file for Restitution of Conjugal Rights, asking the Court to direct your wife to resume living with you. 2. You can file for Divorce on the ground of cruelty and desertion. Before proceeding with either, it is, however, advisable to write emails/ msgs to your wife asking her to come back and putting on record very briefly of how she has been staying separately for the last two years.
1) file for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty
3) rely upon correspondence exchange with wife
4) seek visitation rights for your daughter
In the entire episode my mom become the victim She is 58 she is govt servent and she will retire by 2020. I'm the only son in my family so inheritance will come to me. My wife is not living at my place for 2 full years means that she failed to look after my mom. She(my wife) is also not willing to come back near future. She is also not willing to give divorce on mutual understanding. Earlier we had agreement that we will relocate to dehradun after my mom's retirement but now I wish to stay here in punjab
If you are inclined to lead your matrimonial life, then, continue to engage in dialogue with your wife. Legal notice followed by petition in court will open the gates for Ego and it will end up in dissolution.
Hello,
Sir option is your if you want her back then you may file the case for restitution of conjugal rights, otherwise you may file a case of contested divorce on the ground of desertion and mental cruelty.
I understand that your mother is the victim in all this but locus is yours to file the case against your wife.
Regards
File a petition for restitution of conjugal rights since your wife has abandoned and deserted you without any just and sufficient cause.
Contact a local lawyer having experience of handling matrimonial matters.
Your case will be filed in the Family Court.
If you have taken a final decision of coming out of this marriage, then file a divorce petition and contest a divorce against your wife on the grounds of desertion and cruelty.
Dear Sir,
Now the law is enlarged. Now you can file Domestic Violence case against her. Secondly you can divorce as she is not ready to join matrimonial house. Please file divorce on following grounds….
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Karnataka HC: Husband Can Initiate Proceedings Under Domestic Violence Act Against Wife, Her Relatives
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High Court of Karnataka held that wife or husband anyone of them can file complaint aggrieved and alleging a violation of the provisions of the Domestic Violence Act, can invoke the provisions of the Act.
Justice Anand Byrareddy was hearing a petition filed by Mohammed Zakir against the dismissal of his complaint filed under the Domestic Violence Act against his wife and her relatives by Additional City Civil Court, Bangalore.
The civil judge was not at all impressed with it because Act is favoured to woman only, there are no such mentions where a man can file a complaint against the woman.
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India grants divorce to man whose wife refused to live with in-laws
India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.
Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.
“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.
There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.
Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.
“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”
Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.
Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”
The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.
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You can file divorce in family court you will get the decree. First serve her a notice for the same.
file for divorce on grounds of mental cruelty and desertion
File restitution of conjugal rights petition in the court.
1. She has deserted you in the month of May'2016.
2. Just after 2 years you can file a divorce suit on the ground of desertion if you have decided to terminate the matrimonial relationship with her.
3. She has clearly informed you that she will not return to you and she has already been settled with her shop at her father's place.
4. So, you can wait for few more months and then file the said divorce suit on the ground of desertion at your place where she had stayed with you last.
5. She can get the case transferred to her place by filing an application before the Supreme court and in that case you shall have to be prepared to travel to her place for pursuing the case to be filed by you.
1. You have the wrong understanding that wife is meant for looking after mother in law.
2. Your problem is that your wife has deserted for around two years defeating the purpose of marriage for which you can seek decree of divorce on the ground of desertion.
3. It will be prudent on our part to file the above divorce suit at your place as advised in my earlier post.
I think the introspection and counselling is very much needed between both you as there is problem of communication and ego.
Any of the party can not hold the marriage as per his/her wish for whole life and deprive the other party from the marrital happiness.
Please file a petition if counselling is failed without result for RCR under section 9 of Hindu Marriage Act and if she fails to restore the rights you may go for divorce petition
1) You can go for Judicial Separation if your wife is not willing to give you divorce, than court can give..
file petition under section 13 AGAINST her
Dear Querist
There is two option you have,
First, if it is possible for you to live with her, file a petition before family court under section 9 of Hindu marriage Act-1955 against her and approach to court for restitution of conjugal Right.
Second, based on cruelty under section 13(1)(ia) of Hindu marriage Act-1955, file a divorce case against her before family court and claim divorce.
She may file cases against you and your mother for domestic violence, dowry demand, maintenance for herself and for child.
Feel Free to call
do you strict evidence over whatsapp or email that your wife has stated such loose statements, if you have them file contested divorce immediately on grounds of crulety
Under the situation you may try to give a chance to save your marriage by issuing a legal notice to her asking her to return to the matrimonial home.
She may be given a choice to agree for mutual consent divorce if she is still reluctant to rejoin so that you both can part ways amicably.
If there is no response for all your efforts, you may file a divorce case on the grounds of desertion and cruelty.
You do not have to be so much concerned about her non-return to the matrimonial fold.
If you have given sufficient opportunity to her to reconcile the differences and to rejoin, but she failed to utilise the opportunity, then you may decide the further course of legal action on the subject matter.
The ball is in your court now to decide about your own future which is going waste and due to that you are getting frustrated day by day.