Divorce contest - Is there any way I can fight this or is it always women gets higher preference over anything? Divorce contest - Is there any way I can fight this or is it always women gets higher preference over anything?

2 years ago

Hi,

I'm married for 8 years and have a son. Wife moved out of my house and started staying independent near her work and didn't pick calls whatsoever. In the first 6 years we have had issues on various things and every year we moved houses for one or other reason. 2nd year she had issues with my parents and after going to police station we moved to a separate house and she started going to work at school where my son also was studied. Now this last year, she moved out of the house citing it's too far from school and she wants to reside in walking distance and wouldn't pick up call nor wants to discuss. My office was over 20 kms at Bangalore and it was hell for me to travel in the current and if I move it's additional 10 and I tried to convince in vain before she moved. Recently I found her house and tried talking and says gimme 50 lakhs and name a house of mine to her if she has to join back. I didn't agree as this felt as very cheap. Now, she is saying she might move to court and has a family lawyer for the case. She hasn't helped me in my academics or my career whatsover and in all these years I have suffered. Is there any way I can fight this or is it always women gets higher preference over anything? And I have to pay her and settle even if going for a divorce. Please suggest

Anik

Responded 2 years ago

View All Answers
A.Hello Sir
It would be advised to file for restitution of conjugal rights. Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.”
You cannot he forced to pay the money demanded by your wife.
Thanks
Please rate if you find this advice helpful.
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

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello Sir
If she is claiming maintenance in divorce then she cannot do so as she is working women and she is not entitled to any maintenance. Although you are liable to pay maintenance for your child that is your son. It would be suggested to go for divorce and file a divorce petition in the family court.
Thanks
Please rate if you find this advice helpful.
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

Sidhaarth

Responded 2 years ago

A.The way of your wife is strange and is a blackmailing only because you married her. There is no reason to obey her unreasonable demands. You are required to go strategically and firstly to safeguard your parents vy adopting preventive measures so if wife move to police then they should remain safe. You should also required to ensure your safety fro police actions. Thereafter file divorce case and also claim custody of child being natural guardian of child. Go strategically under the guidance of a competent lawyer.
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

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary on your part to file an Application for Restitution of Conjugal Rights u/s 9 of the Hindu Marriage Act,1955, as amended up to date so that your wife either has to explain the grounds for not staying with you or has to specify that she is willing to get divorce.
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 iconSpouse having affair in her office
Dear Sir, Yes, you can do the same and the employer may cooperate with you to avoid dirty situation in the office premises.
question iconSister troubled marriage, Hate, abuses and constant threats
Dear Sir, Your sister requires family counseling and you may arrange for the same and give her all required moral support to solve her personal problem.
question iconEx Parte - Set aside petition time limit
Dear sir By enclosing application under Section 5 of Limitation Act seeking condonation of delay application under order 9 Rule 7 CPC may be submitted.
question iconDivorce - After tero certificate is there any procedure left to do
Dear Sir You have to consult local lawyer having knowledge about local laws which are some what different from laws prevailing in other parts of country.
question iconRegarding divorce
Dear Client, A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives equally and justly. A Muslim man can marry up to fo...