Living separately for 7 years Living separately for 7 years

4 weeks ago

I am Living separately for 7 years. I would like my wife and my 2 kids come back to my home

Anik

Responded 1 week ago

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A.Dear Client,

Living separately for an extended period, such as seven years, doesn't obligate your family to reunite with you against their will. Even a court cannot compel your family to reconcile after such prolonged separation, which constitutes a valid ground for divorce under Section 13 of the Hindu Marriage Act, 1955 if either spouse applies for it. However, under Section 9 of the Hindu Marriage Act, a spouse can petition a district court for the restitution of conjugal rights, which allows either the husband or the wife who has been unjustifiably deserted or separated to seek the restoration of marital relations.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 weeks ago

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A.Dear Sir,
You cannot live under expectations and it seems the children are too small as such your wife blackmailing you. You must become strong to face the consequences.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 weeks ago

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A.Dear Client,
Living separately for long seven years cannot force your family to live with you against their consent. Even a Court cannot force your family to live with you after a long desertion of seven years which is a valid ground for divorce under Section 13 of the Hindu Marriage Act, 1955 if either spouse applies for divorce. However, 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. Reach out to an Advocate for guidance and steps.
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