Pregnant wife seeking for divorce in mumbai
2 years ago
We are hindu married since 01/02/19 , my wife is 15 weeks pregnant and has left to stay at her father's home stating incompatibility and seeking for divorce and her rights for alimony/child , what to do
A.Dear Sir,
You are lucky since your wife not chosen to file any other case like 498A IPC, DV case etc. Just file RCR case (Restitution of Conjugal Rights) since your wife may file maintenance case in future.
You can file a case for restitution of conjugal rights, it is where the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other.
Thank you.
Vaidehi Samant
Responded 2 years ago
A.You can either agree to divorce her by mutual consent and decide the terms if any pertaining to child visitation rights or contributing financially for the child and /or any one time permanent alimony to be given to wife.
If you don't want to divorce than you may disagree and in that case if your wife files a contested case of divorce petition i.e. Petition-A before the Bandra Family Court if in Mumbai or such petition in any other concerned District Court than you will need to face the same wherein there may be many allegations and counter allegations as well as it is possible that you might be requiring to pay interim maintenance in that case if asked by your wife and ordered by the Court.
If you want to bring your wife back you may file Restitution of Conjugal rights petition but practically even if order to that effect is passed and not followed by your wife than that suffices to become ground for obtaining divorce again.
So considering all these above factors you may decide accordingly also taking time factor and money factor into consideration which will be spent in such cases. Thank you.
NRI fraud
Spouse having affair in her office
Divorce
Sister troubled marriage, Hate, abuses and constant threats
Ex Parte - Set aside petition time limit
