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.
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
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 However, section 9 of HMA for the restitution if she has unreasonably withdrawn from the marriage not otherwise.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
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