Parth (Software Engineer) 05 April 2011

Wife at home after marriage

Hello,
We married before 2.5 years. We both used to study together and spent 6 years together. N then we married each other in

2009. My wife was staying at her home and she was wishing that she will convince her parents and then we could spent life

together. We were feeling insecurity and hence we married eachother in court and registered our marriage. Now, her parents

are not convincing and they are not allowing her to come at my house. Moreover, they have emotionally black her and now my

wife is totally changed. We do have the marriage certificate. My wife father is telling that our marriage is not legal and

he is not ready to accept this marriage at any cost. We both are hindu. Her father is telling that there is no need of

divorce also and he will make my wife marry somewhere else.My wife parents are not allowing me to talk to my wife also.

Moreover my wife told that she is not ready to run from her house leaving her parents now? What can do legally?

Please advice.

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7 Replies

ADV Rajesh KASRIJA (ADVOCATE) 05 April 2011

R SIR

U CAN FILE A PETITION UNDER SEC 9 OF HINDU MARRIAGE ACR FOR RESTITUTION OF CONJUAL RIGHTS THANKS

Arup (UNEMPLOYED) 05 April 2011

if the age of the girl more than 18 and the boy is 21 at the time of marriage, then consent on marriage is there.

if marriage not consumated - it is ground for divorce.

therefore answer these two points first.

Arup (UNEMPLOYED) 05 April 2011

if the marriage legally completed and consumated then only a legal divorce through a court of law can seperate you.

if you are unwilling, you have the right to contest the allegations of the divorce case.

do not worry.

Arup (UNEMPLOYED) 05 April 2011

not now but somedays after you send a message to her either directly or indirectly that if she marry again this marriage will be her second marriage and punishable upto seven years under ipc

swatirswatir (learning law) 05 April 2011

file rcr through a court of law and wait for response.also file haebus corpus soon after filing rcr.

Parth (Software Engineer) 05 April 2011

Hello,

First of all thanks a lot for providing valuable respnse and feedback.

My age was greater than 21 and her age is more than 18 years. We have submitted all the required documents.

For exa: our Address, birth certificates, electricity bills,etc

Thanks,

Parth (Software Engineer) 05 April 2011

Hello Arun,

Can you please elaborate on

"Marriage legally completed and consumated"?

As per court laws, we were more than the eligible age. i.e: I had completed 21 years and my wife had completed 18 years. Moreover, we had been provided 3 original marriage certificates by the court. Any other legal proofs needed for the same?

Thanks,