Vivek Rana 24 March 2018

sec. 9 and sec. 125

Dear sir my wife don't want to come back to my home she want to stay with her parents. So I file sec. 9 against my wife. After that she also file sec. 24 and sec. 125 against me. And She told me that I never come back and also I will not give you divorce. I want money. I want to bring her back to the home. But she don't want to come back. Please sir guide me that what should I do in this situation.

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24 Replies

Arjun Sai Krishnan 24 March 2018

What is the reason that she not interested to come back ?

Arjun Sai Krishnan 24 March 2018

For what reason she filed 125 crpc?

Arjun Sai Krishnan 24 March 2018

If wife not interested to come back she is not to be maintained under 125 as adultery,refusal,being separated with consent does anything in this case occurred,sec9 jurisdiction to try civil case by criminal court.

Vivek Rana 24 March 2018

She told me that leave your family and stay in my place ... In my family only my father and he is 75 year old. She don't want to take care of my father when I was not in my home or on duty. I m working in merchant navy.

Vivek Rana 24 March 2018

She is not with me since more than one year....

Vivek Rana 24 March 2018

She told me that give me money only. Here I m very happy with my parents and if u want me then u leave ur father and come with me.

Vijay Raj Mahajan (Advocate) 25 March 2018

You're working in Merchant Navy so most of time must be traveling. In such situation your wife is finding difficult to manage with your father back home so she doesn't want to live away. As far your responsibility towards your aged father is concerned that you must have made arrangements even during your absence. You have to work out this issue with your wife amicably if you want to avoid maintenance order against you. Your taking her during journey in ship may not be possible and forcing her to stay with your father back home not possible, if things not working out better go for divorce by mutual consent after settling issues like permanent alimony and maintenance etc.

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Vivek Rana 25 March 2018

I Hv a baby girl 2 years old. She refused to give me divorce. I want to solve the matter but she don't want to solve..... She want that I leave my place and father.. And stay with her.....

Vivek Rana 25 March 2018

I m a seaman. Working in offshore and my work duration is 2 months on and 2 months off.

Vivek Rana 25 March 2018

Sir please tell me what should I do in this situation. Neither she wana stay with me nor she is giving me divorce. In January I went to her house to bring her back with my relatives. She told me that withdraw your sec. 9. And send apology letter by court. Then I will think about it.

Arjun Sai Krishnan 25 March 2018

So once to withdraw the sec9 as said by your wife and being in the presence of other members then you get and cancel it . Good luck she will have a half mind make it full ..

Vivek Rana 25 March 2018

Sir after withdraw sec. 9 if she ignored everything that she didn't say anything. Then what???? I take advice from my lawyer and he said that if you want to u can go ahead but better both of you come to the court and make a agreement that both of you now ready to lives together. That's it. After that same thing I explain to her and her family but they are not agree with this.

Arjun Sai Krishnan 25 March 2018

The lawyer's point is correct, but if you believe that she will come try another chance , please them to gain trust from her and her family. Then also problems continues get into court - court will give a favour decision for you!

Vivek Rana 25 March 2018

OK sir thnx..... But after withdraw sec. 9 if she ignored and file other case on me like dowry act. as I know them And I m sure they are waiting for this. Then sec. 9 witch I withdraw now, will help me anymore.???