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Divorce Requirement

(Querist) 31 March 2008 This query is : Resolved 
dear sir

My wife is staying with her parent not coming back. she never respect me. My mother in law used to advice her to split my family and she was threatening me that she will commit suicide and finally she left to her home. I donot like to live with her .We have one kid 6month old . Child with her custody Now I want divorce
But she threat me that she never give me divorce So please tell me what I do , either file a divorce or not, because chances of divorce is not in my favour untill she wants
Please help me out
Rajesh
RAKHI BUDHIRAJA ADVOCATE (Expert) 31 March 2008
File a case under section 9 HMA for the restitution of the conjugal rights. It will be a better safeguard for you, in case your wife doesn't join you as your wife and files any criminal complaint against you. As per as the matter of divorce is concerned, you can get divorce from your wife by filing a case under Hindu Marriage Act, but my advice is that you should file the above noted case.
SANJAY DIXIT (Expert) 31 March 2008
In Court Case, It doesn't matter that your wife wants divorce or not.It is the discretion of the Court and the Court will see that the decree of divorce may be passed or not.Your wife has deserted you without any reasonable cause. You have not mentioned the period in your query, for how long you both are living seperately.
B R 123456 (Querist) 01 April 2008
Dear Sir

I tell you in detail I got marriage in Nov 2005 and my son is born in Aug 2007 and my wife left to her home from 1st Nov 2007 she is working women and she doing job in LG her salary package is 300000 per year but I have no proof because she always tell me that I have never right on her salary. She give her salary to her parents or not I don’t Know . I always given my salary to her for regular expenditure My salary is 10000 per month She complaint about me in Women cell that she want to stay with me . I ready to stay with her I tell in women cell but my condition is I stay with her in a rented house and she has to open a joint account with me and both of us salary should transfer in joint account But she not accept the condition when in women cell inspector pressure on her she withdraw his complaint in women cell Now I want divorse but she threat me that she never give me divorse so what I do please help me out
SANJAY DIXIT (Expert) 11 April 2008
You may file a suit for divorce against your wife on the ground of CRUELITY. Since sepration between you and your wife is not completed for two years, so you can't take the desertion as a ground. You collect the copy of complaint and its withdrawl from the women cell, which will make help in your case.
B R 123456 (Querist) 12 April 2008
Thank you sir for your kind attention on my matter
so please suggest me I have to wait for Two year or file a divorce case Please suggest me
Srinivas.B.S.S.T (Expert) 20 June 2008
Dont file a divorce petition because as a counter blast they will file a 498A case and you have to face criminal trial and bonus will be the maintenance case against you. So file a Section 9 petition as my friend said for restitution of conjugal rights.
B R 123456 (Querist) 21 June 2008
Dear Sir

Thanks for your suggestion i try it
ritu bhadana (Expert) 02 April 2009
i agree with rakhi
A.Ravindran (Expert) 29 June 2010
File a case under section 9 HMA for the restitution of the conjugal rights. It will be a better safeguard for you, in case your wife doesn't join you as your wife and files any criminal complaint against you. As per as the matter of divorce is concerned, you can get divorce from your wife by filing a case under Hindu Marriage Act, but my advice is that you should file the above noted case.


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