Want divorce or come back ?
Guest
(Querist) 16 July 2012
This query is : Resolved
I am a victim husband , my wife is residing in her parents house for last 1 years.I have
requested him to come back home several times .I send 5 letter in this matter .I have all
the receipt copy also, now i want either divorce or come back of my wife .My wife is theating
me if i file divorce case , she will loger it 10-15 years .I want to mention that she is an
Government Employee.
1)My question is that is it possible for hime to loger the case 10-15 years or is there any way out ?
2)Can i file case either come back home or get divorce ? is there any act
I want a normal life , please help
ajay sethi
(Expert) 16 July 2012
unfortunately contested divorce cases take time . if your wife refuses to give you divorce you may have to wait for some years .
if you have stayed separtely for 2years file for diorce on grounds of desertion .
you can file file for RCR if you so desire .
contact a local lawyer
Nadeem Qureshi
(Expert) 16 July 2012
Dear Querist
according to Hindu marriage act section 21B
21B. Special provision relating to trial and disposal of petitions under the Act.
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from clay to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.
you have right to file a RCR acse u/s 9 Of hindu marriage act
9. Restitution of cojugal right. 1[ When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights land the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
1. The brackets and figure" (1)" omitted by Act 68 of 1976, s. 3.
1[ Explanation.- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of prov- ing reasonable excuse shall be on the person who has withdrawn from the society.] 2[
feel free to call
