Divoce for husband
3 years ago
I am Male. I filed for divorce under mental harassment in Senior civil Judge Court. After 4 years of case the judge dismissed the case saying no sufficient evidance and also both are willing to continue family as in my cross-ex, I said I will take her to family and she said ready to go to family. Its been 3 years after the judgement till now she didnt came for marriage instead of she just filed Maintainance Case. We have 2 kids. As intermidate maintainance I am paying 15k per month..I spoke with few lawyers they suggested contesting the case in Highcourt may not be of much use. I need suggestions. Overall its been 8 years we are not together and the marriage happend in 2008.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A petition for restitution of conjugal rights may be filed, If following conditions are satisfied.
Section-9 of Hindu Marriage Act,1955 states-
If either party to a marriage withdraws from the society of the other without reasonable cause, the aggrieved party has a right to file a petition claiming relief for restitution of conjugal rights.
Section-9 of Hindu Marriage Act,1955 states-
If either party to a marriage withdraws from the society of the other without reasonable cause, the aggrieved party has a right to file a petition claiming relief for restitution of conjugal rights.
The condition to be satisfied for obtaining such decree are-
1.The other spouse has withdrawn from the society of the petitioner.
2.There is no reasonable excuse for such withdrawal. Should the respondent allege reasonable excuse, 3.the burden of proof lies on him/her.
4.The court satisfied as to the truth of the statements made in the petition.
5.No legal grounds exist for refusing the decree.
A petition for restitution of conjugal rights may be filed, If following conditions are satisfied.
Deepanker Sinha
Responded 3 years ago
Prashant Deshmukh
Responded 3 years ago
Ankur Goel @ Complete Law Shield
Responded 3 years ago
if she told and its registered in judgement that she will come. but she not came back then now you can file for RCR and/or desertion and/or HC.
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