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gaurang (proprieter)     11 October 2012

My wife needs divorce but i dont please help

my wife feels she wants to move towards divorce but i dont need that to happen she is not stayin with me for past 45 days so are there any laws in which i can bring her back to home



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 14 Replies

Waren Siegel (Independent Lawyer)     11 October 2012

You should file a petition under Section 9 of HMA if you want to bring her back.

gaurang (proprieter)     11 October 2012

sir iam not a lawyer so if u dont mind can u explain me

Pradeep Kumar (Lawyer)     11 October 2012

If either husband of wife withdraws from the marital relationship without any reasonable cause,then aggreived party can move the petition of Restitution of Conjugal Rights . As far as your query,you should file that petition promptly as your wife is not resuming in your married life. Adv.Pradeep Kumar- 9871765000,Gurgaon.

rahul (director)     11 October 2012

section 9 of hindu marraige act 1955,

Restitution Of Conjugal Rights

you can file a petition to local family court seeking to get back your wife in your life.

on your petition.. court will issue notice to your wife and need her explaination. why she is not joinie with you and live as wife..

after this she will file her reply..

if court agree with your argument  then court direct your wife to join you

 

if court not agree with your argument,, then court will not direect your wife to join,,

 like your wife will tell court that you metted  cruelty with her.. not  love her.. bla bla..

 

remember,, even after court direct her to join you,, she is not bound to join you,,, in this,, court cant do anything.. court cant force her to join you,, court will just pass a order in your favour and direct her to come to you, 

either she will come to to live with your or she will not come to you...

 

 


(Guest)

Then what is next.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     11 October 2012

First immediately today or now give application to all TI,SP,DSP,IG,DIG, pariwar paramrsh kendra and state ministry and central ministry , various family saving organisation. and keep copy and record.

second go to your wife home with some persons who can give witness statement from your side to bring her back if she refuses then take it in written and if she come back then you win.

third by taking application of all the record, as proof and ticket and mediation outcome just file RCR, and again give one application including copy of RCR to all.

by this you will be saved by at leat their false cases of DV, and dowry cases and you got bail easily also be prepared for AB any time. and visiting to custody under false cases from in laws.

if you decided to go to court then this is the simple steps

but as far as possible try to avoid these things and solve the matter in boutdaries of four walls convince your wife first.

if she is ready then all problem get solved and try to go for this at your best by settlement out of court.


(Guest)

Sir, My question is if she refuse to come back after court order then what? Will court grant divorce? If court do so It mean she win. She will what she want.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     11 October 2012

If she refuse to come back then at least she will claim for maintenance cases and also you get relaxed in DV and dowry cases. if you dont want divorce then you dont file divorce case fignt with sec 09RCR, though you win in RCR sc09 and she is not willing to come back then no one can do anything neither court nor police.

aap bhi kisi ko jabardasti apne sath nahi rakh sakte, janwar ko nahi rakh sakte wo to insan hai.

thats why find what is the cause of her non interest in you ? why she dont want to live with you? if she dont want to continue with you then why she married you? so these question are common and court also ask these.

you get relaxation only in maintenance of wife if she refusing herself not to come to you>

KARAN SINGH (SERVICE)     11 October 2012

DEAR FRIEND;

ANISH HAS GIVEN YOU A VALUABLE PIECE OF ADVICE ;

SEE LOST TIME WONT BE EVER RECOVERED THE ACTION YOU TAKE TODAY WILL REALLY COME VERY HANDY SOME DAY WHEN SOMEONE WILL INSTICATE HER TO FILE DOWRY CASE AGAINST YOU LIKE SHE HAS BEEN INSTICATED TO LEAVE YOU

SEE EITHER APPLE FALLS ON KNIFE OR KNIFE FALLS ON APPLE ITS YOU WHO WILL GET CUT

SO TAKE REMEDIAL ACTION  AND GIVE MORE EMPHASIS ON MEDIATOR THEN LAWYER FOR RESTITUTION

AND FEEL FREE TO ASK AND PM ME AFTER ALL BURNT FINGURES KNOW PAIN OF BURNING

REGARDS

KARAN

rajiv_lodha (zz)     11 October 2012

When the matrimonty is not i the pink of health, only wise options left are

1) Try professional Marriage Counceling. Be a little more flexible if things are heading to some solution/compromise. Give ur 100% to save the marriage

2) Give some cooling off time, if no immediate threat is there.

3) Family elders/social respectables/common relatives may try to douse the fire

4) If things do not work, try hard for MCD agreement.

Rest is all helpless paths one has to tread.................be it police process be it court process. Even these paths do not serve any purpose. They drain out both the parties so that they agree for MCD one day

JANAK RAJ VATSA (ADVOCATE)     15 October 2012

try to resolve the matrimonial discord first thru family members, elders, relatives and also counsellors from NGOs. if not successful, then go for RCR

Megala (Ms.)     17 October 2012

Dear Gaurang,

 

If your wife feels that way perhaps you should give divorce some thought too. Is this marriage really what you want? Perhaps there is a better life waiting, not only for her but also for you.

 

Remember: It takes 'two to tango'!

 

Megala

elle123 (spell)     26 October 2012

i am elle and i want to thank Dr aruvi for bringing back my divorced husband, we broke up for more than 4 month and he told me that he will never want to see me in his life again. i love him so much to the extend that i could not do any thing again, i was confused and depress due to the love i had for him.i did everything i could do to have him come back to me but all went in vain. so i decided to contact a spell caster, i did not believe in spell casting i just want to try it may be it would work out for me. i contacted dr Aruvi for help, he told me that he have to cast a love spell on him, i told him to it. after 5 days my called me and started to apologize for leaving me and also he told me that he still love me. i was very happy and i thank dr Aluat for helping get back my ex back to my hands. his spell is the the greatest all over the world, it was the love spell he cast on my divorced husband that make him come back to me. all you ladies who want back the ex husband and also divorced husband back i want you to contact Dr Aruvi for the return of your ex husband and divorced his contact email is freemercifultemple@yahoo.com just try him and their will be a solution to your case.

rajesh (asdadad)     29 October 2012

I dont want divorce too but my FIL forcing my wife to divorce me ...

 

I have my own story to share with you all  .... my FIL is arrogant and he incites my wife to be highly career oriented and forget the meaning of good married life .. My wife is also somewhat imature , i dont know if she acts like that or she really is ... There are so many missing strings in our relationships which neither my wife nor her parents wants to focus upon ... We got married on 18th June 2011 and started our family life on 3rd July 2011 ( there was only both of us in Pune at that time while my parents were living in my 100 KMs away hometown) During marriage we didnt ask for any dowry neither we were in favor of that ... but from that day onwards , it was a complete torture for me .. from 3rd July to 29th Dec . she stayed with me only for 2.5 months and also in that period , her parents were constantly in touch with her through phone like they daily used to call her for 3-4 hours .... 

 

Then one day her sister told me about a job in Mumbai and asked me to switch to Core engg job from IT field .. Before my wife ran away on 29th Dec 2011 , 15 days ago she again called me and abused me for taking my wife to my parents place on weekly basis or  once in 15 days .. 

 

After my sucide attempt on 8th Feb 2012 , she returned back and got a job on 12th March 2012 but again she started complaining about her so called hectic schedule ..blah blah ... and when it was confirmed that she is preggy by 6 week and 6 days on 19th May 2012 .. she started creating scene and after 3 days she sent me a SMS telling me her decision to abort the child ... on 3rd June her dad , brother came and took her away to their place giving false promise of sending her back ... When I asked him to send her back he told me about his decision of giving divorce to me .. When i went their place for negotions , he threatened me and my father for lives and thrown us out ..on 30th June he came and took away all the househole items .. After this whole drama started off and he started abusing my parents, brother and me and asking my parents to force me to agree with his decision otherwise he would file DV cases , dowry cases etc etc... 

 

I sent her a lawyer notice for coming back to my home within 7 days on 14th Aug .. but her dad replied through a lawyer notice asking for a divorce .. I stayed calm for a month which irritated him and finally on 29th Sept he filed for a divorce petition in Buldana( MH )  court which recieved on 20th Oct and i am summoned to the court on 3rd Nov 2012 ..

 

 I have given just a summary of whole happenings here but for a further understanding of whole nonsense ,you can read my blog   .. And guide me


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