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kumar (private employee)     29 March 2009

can i get justice

Hi, Iam new to this forum so iam posting my 5th question about my relationship spouse. i have respect about my personal life..i respect spouse..but due to mywife wrong decision she left 5months back in total 12 months married life..i don;t knw reason but its not IMPOTENCY..she living her normal life with job..i approach her and convince but she not turn up..now what i should do..planning for divorce..do i get justice..i tried to convice..maybe she might have problem her personal before my marriage (Iam not sure)..but some reason is there..I wnat JUSTICE...i never gone to legal issues..but iam scare if i go legal issue how much pay i suppose to bare..



Learning

 13 Replies

n.k.sarin (advocate)     29 March 2009

Mr.Prabhaker given you a very good social advice. As far as law is concerned, in these circumstances you have only one option that is to file a petition for restituion of conjugal right in the family court. Planning for divorce in this stage is not possible.You can not file a divorce petition before one year of sepration and there must be a ground mention in the section 13 of Hindu marriage act. As far as expenses is concerned. you can yourself present the petition to the family court without any expenses.About the formalities of the case, you can ask from clerk / munsrim of the family court . Regarding court fees: it is very nominal I think  Rs 37.50 np. may be slightly differ state to state.

B.B.R.Goud. ( Faculty)     29 March 2009

Mr.Prabhaker and sarin given you a very good social advice.


As far as law is concerned, in these circumstances you have only one option that is to file a petition for restituion of conjugal right in the family court.


Planning for divorce in this stage is not possible.You can not file a divorce petition before one year of sepration and there must be a ground mention in the section 13 of Hindu marriage act.


As far as expenses is concerned. you can yourself present the petition to the family court without any expenses.About the formalities of the case, you can ask from clerk / munsrim of the family court .


before doing all these things, you both shall have to meet  and undergo counselling with your family doctors or psychiatrist or psychologist or elders.

kumar (private employee)     30 March 2009

Iam very thankful for your Advice. But March 28,2009 I completed One Year. I Already approach 3rd party but My Unfortunate thing is 3rd party role is Fail..Can you please give me Short Description about RESTITUTION OF CONJUGAL RIGHTS..I gone through Document but that terminology can;t understand..

Prabhat Kumar (Advocate)     30 March 2009

I completely agree with the view of Mr. Prabhakar. Try to find out solution socially.

Swami Sadashiva Brahmendra Sar (Nil)     30 March 2009

same problem in several threads ----!


instead of taking legal advice you should prefer to act upon the suggession of mr. prabhakar.

B.N.Rajamohamed (advocate / commissioner of oaths)     31 March 2009

If you are prepared to to continue with your marital life with your wife the right step you can adopt at this stage is first you send a legal notice demanding your wife to continue with your marital relationship with her. If she does not respond or refuses ,it is better to present a petition before the family court seeking restitution of conjugal rights. If the petitin is ordered in your favour you can get your wife back. If she refuses to abide by the court order and there is cohabitation for one year from the date of order you can file a petition for divorce.   

kumar (private employee)     01 April 2009

Thanks for you Suggestion yes i will do that..i will send Legal Notice to her and if she not respond then i will go Restitution of Conjugal Rights...Is there any chance that she file 498A Against Me..Becoz i send a Legal Notice or Restitution of Conjugal Rights...Becoz Law can be Misuse..any time..

ritu bhadana (advocate)     01 April 2009

mr. kumar it seems dat u r in big delimma coz i hv seen ur such query many a times on dis forum in diff. ways.........i agree wid my ld. freinds and do as suggested by dem

kumar (private employee)     01 April 2009

yes i express in different ways..see we living in society with respected manner..because of her we are facing this prblem..but i will apply RESTITUTION OF CONJUGAL RIGHTS..I JST WANT YOUR SUPPORT THAT


NOW SHE NOT STAYING FROM 6MONTHS..WILL SHE FILE 498A AGAINST ME..SIMPLY BECAUSE I APPLY  RESTITUTION OF CONJUGAL RIGHTS...


I JST WANT SUPPORT


Swami Sadashiva Brahmendra Sar (Nil)     01 April 2009

probably an astrologer can predict as to whether your wife will drag you in court or not.

B.N.Rajamohamed (advocate / commissioner of oaths)     04 April 2009

There is a possibility for such criminal proceedings. But keep alert in preparing your defences. Send me private message on the stages of the cases regularly .


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