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Dutoo Aarto   22 April 2018

How to apply for case marrige restoration under section 9.What will be fees..Can apply by myself.

I am an hindu from pune.I got married of 2nd June 2017. Just after month my wife left my home and from July to November she stayed in her home...after her parents taken help of lawyer and made some allegation that because of my behaviour she facing trouble and all..and I need to go psychologist...I given the psychology test and came clear....now after four month she is pregnant of 2 month and she again left home in 1 April 2018..Now I have no interest to continue life with her...How can proceed to divorce..

Little about her she is working one..Her family is always shown interest in her money..and always taken money from her...She brought them scooty ...also she used to pay 10000 per month rent of them...and because of her such behaviour her family wants her with them only..

So what I can do...please suggest


Learning

 25 Replies


(Guest)
Originally posted by : Dutoo Aarto
I am an hindu from pune.I got married of 2nd June 2017. Just after month my wife left my home and from July to November she stayed in her home...after her parents taken help of lawyer and made some allegation that because of my behaviour she facing trouble and all..and I need to go psychologist...I given the psychology test and came clear....now after four month she is pregnant of 2 month and she again left home in 1 April 2018..Now I have no interest to continue life with her...How can proceed to divorce..Little about her she is working one..Her family is always shown interest in her money..and always taken money from her...She brought them scooty ...also she used to pay 10000 per month rent of them...and because of her such behaviour her family wants her with them only..So what I can do...please suggest

 

did you not get any idea what your wife and her family were planning to do when she left the house making allegations on you ?

now since your wife is pregnant you have to support your child with monthly maintenance for the rest of your life i hope so. 

Kumar Doab (FIN)     22 April 2018

Do you have authenticated/certified copy of complaint in which allegations are made and psychological test?

It is psychological test or test by Psychiatrist declaring you of sound mental health?

 

Do you have evidence that wife has left your home after 1 month of marriage and did not rejoin for period mentioned by you despite efforts……………..efforts made by you?

What is reason again for leaving you again?

Do you have any irrefutable evidence of her purchases/expenses after marriage that you are objecting upon?

Do you have irrefutable evidence of having made sincere efforts to rejoin in married life and desertion/cruelty by your spouse?

Does she agree to share household expenses equally?

Kumar Doab (FIN)     22 April 2018

 

You have not posted clear and pointed information in your query hence the following;

Do you have clear evidence that she never rejoined you thereafter for single minute on a single day?

What exactly do you wish to press by posting that after 4 months she is 2 months pregnant?

Are you pointing to adultery and that child is not fathered by you?

A fetus becomes natural person after birth.

Both parents are equally responsible for welfare and maintenance of child(ren)?

Kumar Doab (FIN)     22 April 2018

The moment you file on any grounds you are likely to get agitation of any nature from spouse’s side…

Hence IT shall be appropriate to get the considered opinion of your own very able LOCAL  senior counsel of unshakable repute and integrity specializing in Family matters and well versed with LOCAL applicable rules/laws and having successful track record….and worth his/her salt …after showing all docs on record and giving inputs in person!

 

Kumar Doab (FIN)     22 April 2018

Probably you are contemnplating;

Central Government Act
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights.
 

Kumar Doab (FIN)     22 April 2018

Be careful to note that; RCR is for harmonious co-habitation….and there should be NO continuing matrimonial offence……..

And either of the spouse has his/her own rights to agitate..

And courts of law do take a stand that illegality and immorality cannot be countenanced as aids for a person to secure relief in matrimonial matters……

 

 

1 Like

Kumar Doab (FIN)     22 April 2018

Refer; The Hindu Marriage Act, 1955

13 Divorce. —   1A; (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

https://indiankanoon.org/doc/1284729/

1 Like

Kumar Doab (FIN)     22 April 2018

The spouse succeeded by establishing merits in the case..

Go thru, carefully, the simple to understand and as clear as water judgment;  

 

Bombay High Court

Arun Narayanrao Marathe vs Varsha Arun Marathe on 14 October, 2014

Bench: R.M. Borde  

 

15. The petitioner-husband has proved that there is no resumption and cohabitation for more than one year or upwards after passing decree of restitution of conjugal rights in his favour . We do not find that the petitioner-husband wanted to take advantage of his own wrong, as provided under Section 23(1) of the said Act. We accordingly answer the point No.1 in affirmative.

 

16. Accordingly, the appeal is hereby allowed. The judgment and decree passed by the In charge Judge, Family Court, Aurangabad dated 24.3.2000 in Petition No. 38 of 2001 is hereby quashed and set aside. The petition No. 38 of 2001 is hereby allowed and the marriage between the petitioner-husband Arun Narayanrao Marathe and respondent-wife Varsha Arun Marathe is hereby dissolved by decree of divorce. Decree be drawn up accordingly.

 

 

17. In the circumstances, there shall be no order as to costs. 18. At this stage, learned counsel appearing for respondent-wife prays for direction to stay the operation of this judgment for a period of four weeks. However, for the reasons recorded in the judgment, request need not be considered. Oral request made stands rejected.  

https://indiankanoon.org/doc/139872501/

  This should provide you with insights to succeed..

Kumar Doab (FIN)     22 April 2018

Same Query;

https://www.lawyersclubindia.com/forum/about-property-dispute-if-there-is-divorve-176733.asp

Before rushing to court do your home work and properly...

Avoid lawyers that would ask you to run and rush to court without sharing any considered opinion..

If you are paying then ask to send you written legal opinion. 

Have you got the considered opinion of a very able LOCAL  senior counsel of unshakable repute and integrity specializing in Family matters and well versed with precedences, rules/laws, ciattions and having successful track record….and worth his/her salt …after showing all docs on record !

If yes, what is the considered opinion?

Dutoo Aarto   22 April 2018

Sir will reply ur queries..please allow me to study above ur valuable feedback...

Dutoo Aarto   22 April 2018

Do you have authenticated/certified copy of complaint in which allegations are made and psychological test?

Dutoo Aarto   22 April 2018

ur first question. answer is yes I do have authenticated copy..in which her parents made allegation on me of psychologicaly disturb

Dutoo Aarto   22 April 2018

It is psychological test or test by Psychiatrist declaring you of sound mental health?
I have report with me..after showing these report doctor said that I dont have any problem...then also I will show the same report to an another expert doctor in pune

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