family court
3 weeks ago
Dear Sir/Madam,
I am writing to express my current situation regarding my family. My name is Manu KK, and I got married to my wife in November 2016. We were blessed with two beautiful children, aged 6 and 2 years old respectively.
In the initial years of our marriage, everything seemed to be going well. However, approximately a year after our wedding, my wife went to stay with her parents for what was meant to be a temporary visit. Over time, this temporary arrangement became more permanent, and despite my efforts to maintain a connection with my family, the situation gradually deteriorated.
Until December 2022, I frequently visited my wife and children at her parental home, spending time with them and contributing to their well-being. However, since December 2022, my wife has restricted my access to them. Despite this, I have continued to fulfill my responsibilities by providing financial support. I have consistently paid an amount of 5000 Rs per month to assist with the upbringing of our children.
Then she file a petition for maintenance in the family court, without filing divorce petition,
It saddens me deeply that I am unable to see or communicate with my children as frequently as I would like. Despite the challenges we face in our relationship, I remain committed to supporting my family emotionally and financially to the best of my ability.
I hope for an amicable resolution to our differences and for the opportunity to play an active role in the lives of my children.
Sincerely,
Manu KK
Under Section 9 of the Hindu Marriage Act, either spouse can file a petition for the restitution of Conjugal Rights if deserted without reasonable cause. If successful, the spouse may not be entitled to maintenance under Section 125 of the CrPC. Filing a divorce case is possible after one year post the RCR case withdrawal, citing readiness for divorce. Child custody typically goes to the mother for children below 5 years, unless she's deemed unfit, where custody may go to the father or another suitable person. Therefore, filing a petition under Section 9 of the HMA for restitution of conjugal rights is advised in the given scenario.
With the help of common friends you may solve the problem. It seems your wife is adamant and may not listen to the elders.
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 u/s.125 of CrPC. 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 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. As regards child custody, if the child is below 5 years, the custody will naturally go to the mother as per the Hindu Minority and Guardianship Act. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father or another person. So, in the given scenario, you need to file a petition u/s.9 of HMA to the district court, for restitution of conjugal rights. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition under Sec.13 of the Act.
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