Cruelty and desrtion by wife

Mrunmai Deshpande (Querist) 26 October 2013 This query is : Resolved
I am 38 years of age, married and have a son of 4 years of age. 3 years back my wife had deserted me as I was earning irregular income because of physical disability which occurred after marriage. She is staying with her parents and earning around Rs12000/- pm. My son is also with her. She doesn’t want to come back. Is this not punishable under Indian law?. Please advise !

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prabhakar singh (Expert) 26 October 2013
I am sorry to say No!It is not punishable but you can file a case u/HMA called RCR(restitution of conjugal rights)and can also apply for your maintenance under the same Act proving her income if you do not earn.

Devajyoti Barman (Expert) 26 October 2013
This is yet to be made a punishable offence , I believe in any part of the world.
Blame your luck and move ahead.

ajay sethi (Expert) 26 October 2013
you cannot force your wife to stay with you . though you can file RCR but even if court passes order in your favour you cant force her to stay with you

Rajendra K Goyal (Expert) 26 October 2013
No, law in India is available to force husband and wife to live to gather, restitution of conjugal rights order can be passed.

R.K Nanda (Expert) 26 October 2013
no, not punishable under Indian law.

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