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Dinesh (Network Engineer)     07 March 2014

Need advise

Dear Experts,

I did love marriage in 2011 against my in laws wish.I was doing job & my was doing exellent role of housewife.Initially we both lived together with my mother for 6 months, during that peiod my wife & my mother were unable to adjust with each other due to generation gap & had always dispute,conflict between the two.After 6 months of marriage my wife decided that mother will live 15 days with us & 15 days with my elder brother.So mother started living as per wife's dicision with little bit unhappy.But even after this adjustment wife started  quarrelling when mother would live 16 or 17 days.Finally  wife left me last year in month of Feb becoz her brother met an accident at her native place & told me she will come back only if her mother allows.Since then she hasnt come back & we have not met each other.I tried to meet her in peson but she refused.I called so many times but she switched of her cell & after 4 months she responded to my call & told me that not contact her in furure as she is happy with her family.Now i have come to know that she had extra marital affair with a boy & had s*xual relationship which i can prove though there is no direct evidence.

 

Now she has decided to break this relationship & want divorce.Please adivse me that whether maintenance can be denied on the basis of s*xual relationship other person.

 

What if she files 498A  as have done love marriage in which there is no matter of taking dowry.



 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 March 2014

Section 1[1] of the Hindu Marriage Act, 1955 embodies the concept of Restitution of Conjugal Rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse.So file it immediately.


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