divorce
Nilesh Agarwal
(Querist) 19 September 2010
This query is : Resolved
Respected sir/madam,
Is it compulsory to file the petition of conjugal rights in court to take wife back or notice through lawyer is counted sufficient for the same.
my wife never wished to stay with me and even now the same but she has claimed for maintenance and divorce which i dont want for the sake of child.
but if she wants i will give but why maintenance as she herself is not staying with me .is court can grant maintenance for her in such a scene.
Devajyoti Barman
(Expert) 19 September 2010
Yes it is mandatory if the wife does not come back after getting the notice.
If she files a case for maintenance and if she does not earn a living then the court would pass order in that respect and before conclusion of trial your wish to stay with the wife and child will not be taken into account specially when if your wife raise allegation of forceful departure from her matrimonial home.
Sarvesh Kumar Sharma Advocate
(Expert) 19 September 2010
yes,filing case u/s- 9 is compulsory stap for restore conjugal right .notice is not sufficient.
M/s. Y-not legal services
(Expert) 19 September 2010
Yes.. Legal notice not necessary in a family dispute.. If you like to live together with your wife mean you have to file a petition for restitution of conjugal rights.. In case she not earning money and If she like to be separate from you mean, its your burden.. That you have to give maintenance to her and your child
M/s. Y-not legal services
(Expert) 19 September 2010
In case, if you want to take the custody of the child with you mean, you can file a separate petition.. Better you may consult your near by advocate.. All the best.
adv. rajeev ( rajoo )
(Expert) 19 September 2010
notice is not sufficient you have to file RCR petition. Court will grant maintenance to both wife and daughter. If wife is earning and has got sufficient income then court will not grant maintenance to her only.
