Need help on wife desertion

The chances of your wife filing DV case on you are quite bright. Consult a good criminal lawyer locally, and discuss this with him.  Maintenance cases may also be in pipeline.

You slapped her that was wrong and thats the loop she is encashing on to blackmail you and control you. Egos here are playing a major part. Kisi ek ko to jhukna padega Sir , to save ur marriage at the earliest. Rest "Vakalath" has rightly pointed whats in store for you in future.....

Born fighter:

If she files DV case left her file i will see how she will succeed and you are absolutely right! Biwi chahe kuch bhi bol sakthi hai lekin hum haath nahi utha sakthe yahi hai yahan ka kanoon. She and her family saying this repeatedly that i have slapped her though they know it is her mistake. They are not talking beyond that. 

I have told already that if you are willing to come whole heartedly by accepting mistakes you are welcome otherwise take Talaq, am I going right?

regards

Shamsk

 

Biwi chahe pehli ho ya dusri, india ki ho ya japan ki ...wo apni mistakes easily accept nahin karti hai. (exceptions are there but rare !). In ur case u slapped her so u just forget that she will apologize. Your one slap has washed away all the good u did for her. 

 

On top of it our judiciary has made such laws in favour of women that many husbands who fear false cases literally end up being a puppet in hands of the wife.  Adjustment/Compromise karni padhti hai to survive in a marriage. Jo sehte hai wo shaadishuda rehte hai and rest end up in divorce.

 

I personally feel in ur case egos are playing a major part, see if u can forgive and forget. Even if u cant forget u can try to ignore. Is biwi se chutkara pa logey but dusri acchi hogi iski guarantee koi de sakta hai kya ????

 

This was happend more than a year ago, they are not showing any interest of reconciling. We only going to them to see the child, but when we starting discussing the matter they are showing that it our mistake.

Pls. advise.

 

Originally posted by : Shamsk
	This was happend more than a year ago, they are not showing any interest of reconciling. We only going to them to see the child, but when we starting discussing the matter they are showing that it our mistake. Pls. advise.

Your mistake or her mistake, if you continue like this you will spend another 20 years in courts.  

Have a forgive and forget approach towards any matter.

You have done mistake. You should not slap her. You have accept your mistake infront of her family that's good. Try to reconcile her. In future never accept your mistake infront her family if they record and produce recording in court case you may get trouble. Think about your child future and keep your ego one side. Dnt spoil your child life. better forgive her and reconcile. Spend a happy family life.

I'm in weird situation again!

Last week i made my wife and her brother realize thier mistakes and after having long discussions my wife initially agreed that she will come back after 3 to 4 days but again she is giving reasons that her sister is not well and she has to take her hospital and it will be possible to come only after a week, thinking she will give reasons again after one week i said you take divorce if you can't come back now angrily and she agreed for it.

I'm in strong opinion that she is not taking her matrimonial relations seriously. My family has decided that to divorce her. Please suggestion how to proceed further.

Regards

Shamsk

 

why don't you appy for the Restitution of Conjugal Rights as this will give you a firm and upper hand in future course of actions.

Hi Mehul,

Thanks for the reply.., can you please elaborate how to proceed with Restitution of Conjugal Rights? where to apply and how long it will take to succeed and other legal implictions.

Thanks

Shamsk

 

Sir, please ask your advocate to file a suit in your district family court under section 9 of HMA PLEASE ASK YOUR COUNSEL.

Section 1[1] of the Hindu Marriage Act, 1955 embodies the concept of Restitution of Conjugal Rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse.

This section is identical to section 22 of the Special Marriage Act, 1954.[2] The provision is in slightly different wordings in the Parsi Marriage and Divorce Act, 1936, but it has been interpreted in such a manner that it has been given the same meaning as under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. However, the provision is different under the section 32 Indian Divorce Act, 1869 but efforts are being made to give it such an interpretation so as to bring it in consonance with the other laws. The provision under Muslim law is almost the same as under the modern Hindu law, though under Muslim law and under the Parsi Marriage and Divorce Act, 1936 a suit in a civil court has to be filed and not a petition as under other laws.[3]

The constitutional validity of the provision has time and again been questioned and challenged. The earliest being in 1983 before the Andhra Pradesh High Court[4] where the Hon'ble High Court held that the impugned section was unconstitutional. The Delhi High Court in Harvinder Kaur v Harminder Singh,[5] though had non-conforming views. Ultimately Supreme Court in Saroj Rani v. Sudharshan,[6] gave a judgment which was in line with the Delhi High Court[7] views and upheld the constitutional validity of the section 9 and over-ruled the decision given in

Hi shamask if you both mulslim thna hindu law not valid in your case your case will be proceed by mulslim law..... 

so plz contact with good family ,laweyr he/she help you much better oin your case 

thnks