Seperated without divorce
7 months ago
My wife and my son started living seperate from past 10 months. I asked her several times to come back but she don't want to come back and want divorce. Also she is asking high alimony amount which is beyond my capacity. I can pay half of it. I am also ready to accept, if she come back. Can I file restitution of congunal rights or need to go for divorce. If I denied to pay asked amount will it become contested case
A.Dear,
Restitution of Conjugal Rights: Restitution of Conjugal Rights is a legal remedy available under Section 9 of the Hindu Marriage Act, 1955, and similar provisions in other personal laws. It allows a spouse to petition the court to order the other spouse to return to the matrimonial home and resume marital cohabitation. If your wife refuses to comply with such an order, it may be considered a ground for divorce.
Keep in mind that filing for restitution of conjugal rights is not a guarantee that your wife will return. Courts typically do not force individuals to live together if they do not wish to do so. If your wife continues to refuse, this may eventually lead to divorce proceedings.
Divorce: If reconciliation efforts fail, and both parties are unwilling to continue the marriage, you can file for divorce. In India, divorce can be sought on various grounds, including cruelty, desertion, adultery, and mutual consent. The specific grounds for divorce and the procedure may vary depending on your religion and the applicable personal laws.
Alimony: The issue of alimony or maintenance may come up during divorce proceedings. Courts in India consider various factors, including the financial capacity of both spouses, the standard of living during the marriage, and the needs of the spouse seeking alimony. If you believe that the amount your wife is asking for is beyond your capacity, you can present your financial situation and ability to pay in court. The court will make a decision based on the facts presented.
Regards
Restitution of Conjugal Rights: Restitution of Conjugal Rights is a legal remedy available under Section 9 of the Hindu Marriage Act, 1955, and similar provisions in other personal laws. It allows a spouse to petition the court to order the other spouse to return to the matrimonial home and resume marital cohabitation. If your wife refuses to comply with such an order, it may be considered a ground for divorce.
Keep in mind that filing for restitution of conjugal rights is not a guarantee that your wife will return. Courts typically do not force individuals to live together if they do not wish to do so. If your wife continues to refuse, this may eventually lead to divorce proceedings.
Divorce: If reconciliation efforts fail, and both parties are unwilling to continue the marriage, you can file for divorce. In India, divorce can be sought on various grounds, including cruelty, desertion, adultery, and mutual consent. The specific grounds for divorce and the procedure may vary depending on your religion and the applicable personal laws.
Alimony: The issue of alimony or maintenance may come up during divorce proceedings. Courts in India consider various factors, including the financial capacity of both spouses, the standard of living during the marriage, and the needs of the spouse seeking alimony. If you believe that the amount your wife is asking for is beyond your capacity, you can present your financial situation and ability to pay in court. The court will make a decision based on the facts presented.
Regards
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A.Dear Sir,
Just file divorce case making allegations of cruelty and desertion and ultimately she may come and compromise for the amount which you have offered.
Just file divorce case making allegations of cruelty and desertion and ultimately she may come and compromise for the amount which you have offered.
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