Friend's Wife using maiden name without divorce

Querist : Anonymous (Querist) 17 August 2010 This query is : Resolved
My friend married on 28.10.2008. His wife left home on 28.09.2009 and living with her parents. Her parents force her to take divorce with my friend. They are threatening her that if now you return to her husband don't come back and have relations with us. We will have poison and do suicide? So she is forced to take decision of divorce? What to do? She don't want divorce and not want to left her parents? Can my friend file FIR/LC against his in laws and file suit. No proof of threatening everything is verbal and informed to friend by his wife. So her statements are important. What will happen if she does not give true statement? Any remedy. She is also using her maiden name after returning to her perinatal home in her Bank account, mediclaim policy, Income Tax returns, Mobile Bill etc. and declare her that she is not married. She working as an accountant in pvt. ltd. co. My friend has registered his marriage. Still bank account is not opened and her name is not entered in ration card.

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pramod pandey (Expert) 17 August 2010
your friend should send her a legal notice. No other remedy because your friend cann't prove that it is parents of his wife who are main hurdle.

Querist : Anonymous (Querist) 17 August 2010
But what about using maiden name? can she do so? Can my friend use this as evidence that they are already divorced and in all corresponds she is using her maiden name and also argue that she is earning more than him, so no need to give maintenance and/ or alimony money? My friend don't have any child.

M/s. Y-not legal services (Expert) 17 August 2010
Good. You are taking steps for your friend's future. Your friend can send a legal notice to his wife for live together. Its mean in legal word is restitution of conjugal rights. Subsequently you can file a petition for this before any your juristic family court. Thats it. Law is very simple friend. All the best.

Uma parameswaran (Expert) 17 August 2010
If wife is willing to come and her parents are keeping her away then Habeas corpus petition can file before High Court.

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