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ASHWANI KUMAR (CEO)     25 July 2010

If wife left home without reason ?

Hi,

If any Lady left her husband home without any reason didn't want to come back,what should husband do.

after filling sec 9. should he move for divorce.

please suggest

rgds,

ashwani



 13 Replies


(Guest)

first be clear in ur mind wat u want. then consult an expert lawyer immediately before u and ur family landup in jail.
 

ASHWANI KUMAR (CEO)     25 July 2010

Dear Avnish,

I am living alone without my parent.my wife left home and want to go for another marriage.


(Guest)

if u want to go for another marriage , no child born? contact a lawyer soon as laws are very biased against males. dont waste time meet an honest matrimonial lawyer immediately.

Guest (Guest)     25 July 2010

The querry is not clear.  Whether you want to go for remarriage or your wife.  Any how, in the given situation, you talk to her and get her accepted for mutual consent divorce and file the same. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     25 July 2010

U should make up ur mind what u have to do. Wants to resettle or divorce. For further help u can call me at 9871158578 

adv. rajeev ( rajoo ) (practicing advocate)     25 July 2010

Since how many years you are living alone.  There is no ground for divorce in your case.  If your wife is left you 2 years back then you can file the divorce petition on the desertion grounds.  If she is married to another person then also you can file a divorce petition.

Rajeev kulshreshtha (advocate)     25 July 2010

Please clear the period of living if it  has passed 2 years than you can file divorce petition. you can issue notice to your wife for coming home and after that you can file petition u/s 9 HINDU MARRIAGE ACT. and after passing he decree if there is no restitution of conjugal rights for a period of one year on upward you can file a petition for divorce u/s 13(1A)(1) of  the act.

.

ASHWANI KUMAR (CEO)     03 August 2010

Dear Mr.Rajeev,

I got married on 12-06-2009, soon after two month my wife left my home for any reason,

she didn't turn-up till date,after waiting two months from she left the home I Finlay filed petition u/s 9 Hindu marriage act. on feb-2009. court has sanded four five reminder to her but till date she didn't turned up.

I have tried to contact with their parent but they are saying they didn't want to send their daughter back.

should I go for ex party divorce or suggest.

Arup (UNEMPLOYED)     03 August 2010

SEC 9 (RCR) ENDED EITHER WITH RESTITUTION OR DIVORCE U/S 13 (1A) (ii) WHICH RUNS THUS :-

That there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

NO SEPERATE DIVORCE PROCEEDINGS NEEDED.

Arup (UNEMPLOYED)     03 August 2010

FOR HER OWN MARRIAGE? IF SO,LET HER MARRY SECOND TIME. COLLECT THE INFORMATION CAREFULLY AND WITH PROOF. COMPLAIN UNDER SEC 494, IPC.

 

DECLARE EX PERTY IS THE JOB OF THE COURT. YOU PRAY FOR EX PERTY.

Arup (UNEMPLOYED)     03 August 2010

PRAYER OF RCR ITSELF A GROUND FOR DIVORCE AS STATED ABOVE.

Guest (Guest)     03 August 2010

This is the proper procedure to get divorce on the ground of non-compliance of the RCR decree.

1.  File RCR decree and obtain RCR decree.  Whether it is fully contested or ex-parte is irrelevant.

2.  After obtaining the RCR decree, call the opposite party by way of communication through Regd. Post asking him/her to join for discharging matrimonial obligations.

3. Even after one year also, the decree of RCR is not complied by the opposite party, you have to file a petition under Section 13 (1A (ii) of the Act seeking the decree of divorce.  If the court grants the decree of divorce, then only you can say that the relationship has been permanently severed. 

It is not that just by getting RCR decree and sit at home one year and say that you got divorce decree.  That is a totally wrong advice and there is potential that by following such an advice, you go for the marriage, you will be held for bigamy.

Aware of wrong legal advice.

Rajeev kulshreshtha (advocate)     03 August 2010

you can pray to court  for ex -parte and can get decree of RCR . After getting the decree you can issue a regd. notice with the copy of court order. If your wife does not react or comes to your home you can file a divorce petition u/s 13 (1A)(1) after one year of the decree of RCR.


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