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
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deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
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.
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Sidhaarth
Responded 2 years ago
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago