My wife stay with her mothers  damaging a superat home can i divorce her? My wife stay with her mothers damaging a superat home can i divorce her?

2 years ago

My wife after married she use to consult a doctor near her mother's house , I aloud her. She never follow our customs as she recognized that she was pregnant she went for check up to mother's home and started Quareling on phone with me and demanding suparate home with me but I can't live my mother as she is a dibetic patitent she is staying with her mother, brother and 2 married sisters at home since 4 months and her brother is thretoning my family to recover double of his marriage experiences from us please Suject me what to do

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
You can get divorce if you correctly project your case.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.You can file a case of restitution of conjugal rights under Section 9 of Hindu Marriage Act if you are Hindu to get her back to stay with you at your home.

Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

You can read more similar answer in this link here https://www.vidhikarya.com/FreeLegalAdvice/21086/kanooni-advise-for-my-sister
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconIssue with time of birth in Marriage
Dear Client, Section 12 of the HMA, 1955, deals with voidable marriages. It can be regarded as a legitimate marriage until one of the partners violates the prerequisites for marriage legality. The par...
question iconPlease provide legal advice on below
Dear Client, Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelt...
question iconDivorce case
Dear Client, As per Order 5, Rule 20(1) of the Civil Procedure Code (CPC), where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of...
question iconDivorce - husband is filing a petition of divorce
Dear client, you can take up this issue further by filing a complaint on your in-laws for mental harassement and torture. He can get divorce on the said ground if there no proper justification on your...
question iconDivorce - my wife has been living separately
Dear client, if you want to be with your wife you can file a petition for restitution of conjugal rights or for judicial seperation if you want to live seperately as wife and husband. If you want divo...