Divorce
6 months ago
My is not staying with me she and my daughter staying saperatley near to my place, I took some money from her but I was not able to return it back because of loss in business, when she went for delivery she not returned to my home instead of she was staying saperatly with my daughter and she never gave her location address, till know she changed 3-4 houses, she is working and earning more than me, when ever I used to call her to stay with me she will start to ask money, first clear all money than I will come and stay with, already it's been 6 years...when my financial problems started she left me.....know she may have any relationship with other person so she is not ready to come back, ...what shall I do pls suggest me
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance in CrPC 125. The decision in a suit against the wife for restitution of conjugal rights is equivalent to a decision by a competent civil court that the wife had no sufficient reason for refusing to live with her husband. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But, if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your wife declared that she is ready for divorce. The offended spouse must wait for a year even if she rejects the decree of restitution of conjugal rights. Alternatively, the petition for divorce cannot be filed with the petition for the restoration of conjugal rights.
If you are willing, you can consider family mediation. A neutral mediator can assist in facilitating discussions and negotiations, helping to find mutually acceptable solutions, and fostering a better understanding between you and your wife
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