Matrimonial Issue Matrimonial Issue

2 years ago

my wife filed a complaint in SP office regarding 498a and the same was closed after settlement few day back. In the settlement statement there are the condition that She will stay with me in my flat after 15 days. but now she is not willing to come and making stories / excuses. I told the same stories to the concerned SI/Inquiry Officer and she said we have settled the case as per your settlement. My Question is what should I do if she not come in my flat ? Can I reopen the same complaint and request authority (SP office) to start legal proceeding. IF yes kindly let me know the procedure.

Anik

Responded 2 years ago

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A.Hi,
Every person has their own free will, and your wife cannot be compelled to maintain their marriage relationship with you. You may either meet with her legal counsel or go the legal route and issue her a legal notice requesting her to rejoin you. Section 9 of the HMA, on the other hand, provides for repayment if she has unjustly withdrew from the marriage not otherwise.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Every individual has their own free will and if your wife is not ready to continue marital relations with you then she cannot be forced. You can either take the alternative way of meeting her with her legal counsel or can take the legal road wherein you send a legal notice to her asking her to rejoin you. However, section 9 of HMA for the restitution if she has unreasonably withdrawn from the marriage not otherwise.
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Abhimanyu Shandilya

Responded 2 years ago

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A.What do you want? Do you want her to come and stay with you? If yes then file a case under Section 9 of Hindu Marriage Act for Restitution of Conjugal rights and get an order passed by the court to get her back home. If you don't want to get her back but want to safeguard yourself then report it to the SI through a GD. If you plan to seek divorce from her then file a divorce case in district or family court.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.You can apply before the District Judge through Petition under Section 9 of the Hindu Marriage Act,1955,as amended up to date for Restitution of Conjugal Rights for direction upon your wife that she should live with you 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.
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