Jaimin 21 June 2017

My wife want divorce but i want..

Dear Sir,
I am graduate, IT Executive in reputed company, My marriage is happened before 9 years & love marriage. There is only problem between us is I had random problem with drinking which I had left before month ago because of problem. But My wife left with me with my 7 yrs daughter to her family home.

She is strongly want divorce when I am already try to convince her from month that now its not going to happen again & I can handle any situation in future & i want to save our life & daughter's future but she don't want to listen anything she had black my call, msg, whatsap, facebook everything. Her family strictly talk to me with bad language & don't let me in to her house or meet her. I worried about her action, she is totally hypnotized by her mother more & her mom not want that she can live with me again. I know she is angry but there is no any other bad habit I have.

I told her that i had already balance my life my job also running good.. But some how i fear that this time she is confident about it, when I want to save my family life.

Please help me what can i do if she is confident & file petition for it.. i still want to save bcs I love her.

Regards,

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3 Replies

Arjun Kohli 21 June 2017

If what you say is actually true and you have improved and maintained your life substantially (if not, then you must do so immediately), then legally, you are in a position to file for Restitution of Conjugal Rights u/s 9 of Hindu Marriage Act (provided you are governed by Hindu Law) because you have improved upon your problem which was the root of dispute between you and your wife. However, I strongly reccomend you to take professional assistance if you think the problem can't be resolved by personal negotiations.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 21 June 2017

Restitution of Conjugal Rights - (Right to stay together)

If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.

The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.

However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.

Kunuthur Srinivasa Reddy 21 November 2017

Dear Jaimin,

Please do not opt for the legal means as the issue is not that serious as described and it is a petty one. As rightly stated by Learned Counsel Mr. Ramachari Rachakonda, RCR is only a paper tiger and nothing happens. I suggest you to go to a residence where your spouse lives and stay there in silence possibly in front of the residence as to draw the public attention around. Keep on doing this everyday with a clear message I LOVE YOU displayed as a placard. Then see the response in less than a week. Do not get disheartened on initial resistance. Slowly there will be enquiries by neighbours around, press and possibly police when they complain on you. No matter. Ultimately your wife will join you back to live happily. If you are egoistic by chance, bury it . No problem. It is good to win the war of silence. It will work wonders. Develop patience to win her to your side. Do not bother about your in laws etc. They are no body to you in a family. Good Luck. Be certain, I am not joking. I am serious in making this suggestion..