CHANNI MALIK (Colonel) 13 November 2021

Divorce likely to be filed by husband

My daughter was married on 01 Feb 2017.

She was dropped by her husband at our house unilateraly about 4 years back.

Since then he has not come to take her back.

Now her father-in-law is stressing upon her to agree for a divorce.

My wife died last year due to stress of her daughter not being accepted by in-laws.

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7 Replies

minakshi bindhani 13 November 2021

As per your concerns!

You can seek for Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied with the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.”

Hope it is helpful!
Regards
Minakshi Bindhani

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kavksatyanarayana (subregistrar/supdt.(retired)) 13 November 2021

Minakshi Bindhani well replied.

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SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 14 November 2021

Daughter's Marriage took place in 2017 and your Son-in-Law dropped your Daughter 4 years back ie. in 2017 itself. In these 4 years, was there any attempt to reconcile the differences between the wife and husband, and what was the stand taken by the husband?

It is better you approach a local reliable and capable Lawyer with full details and discuss the matter and be guided accordingly.

Kevin Moses Paul 14 November 2021

The problem has been well sorted by experts Ms Minakshi and Mr Sivaramaprasad. However, I would like to make and addition that along with Section 9 of the Hindu Marriage Act (for Restitution of Conjugal Rights) you may file a case u/s 13(1)(ib) of the same Act.

Basically, the Section 13(1) (ib) of the Hindu Marriage Act, 1955 deals with desertion as a ground for divorce and the explanation of the same reads: “The expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent of or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly”.

Hope you find justice!

Regards,
Kevin M. Paul

Dr J C Vashista (Advocate) 15 November 2021

Very well analysed and advised by experts, I agree with them for filing a case for divorce on the ground of desertion, if the problem can not be sorted out amicably.

It would be appropriate to consult a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding

P. Venu (Advocate) 15 November 2021

What are the steps taken during the last four years to sort out the issue? When did the marriage take place? Are there any children? If so, who is taking care of them?