Legal Question in Family Law in India

reagding marriage act in hindu family of india

we got maried since 1.75 year ago and we have one issue of 3 months. but my wife does not want to stay with me at my home on advice of her parents. i have asked her and her parents many time but all in vains. she want to stay separatly and but not with me. niether she wamt to divorce me. what can do now. i am waiting last 9 nine month for her as she was with her parents. is there any kind of case of dowrey or any orher obligation. thanks


Asked on 8/07/07, 4:44 am

9 Answers from Attorneys

Re: reagding marriage act in hindu family of india

File a case u/s.9 of hindu marriage Act claiming restitution of conjugal rights.

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Answered on 8/07/07, 3:14 pm
Vipindas Thalakalat Das and Das

Re: reagding marriage act in hindu family of india

You can file petition for restitution of conjugal rights before the Family Court. If you are not keen on continuing the relationship, your can opt for a petition for divorce or for Judicial separation.Your obligation to maintain her would remain even if she wilfully refuse to co-habit with you.

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Answered on 8/08/07, 11:33 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: reagding marriage act in hindu family of india

yes, you are obliged to return all her istridhan and dowry articles.

better you apologise to her and mend ways. try to bring her to the family home. she has an upper hand in law; if you do not change ways, you can be in trouble.

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Answered on 8/11/07, 2:48 pm
Nandita Haldipur Haldipur Associates

Re: reagding marriage act in hindu family of india

you can file for divorce but think befor doing so as it is also teh question of your childs future

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Answered on 8/09/07, 9:05 am
Prabhat Shroff Shroff & Company

Re: reagding marriage act in hindu family of india

Your query is not clear. What do you want? If you want divorce, which seems to be the only solution, you can very well an application for divorce even if your wife does not agree. You may surely get the divorce.

Of course, with or without ivorce, you are obliged to pay her maintenance.

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Answered on 8/07/07, 5:10 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: reagding marriage act in hindu family of india

i think you are confused in this crucial situation as your query is not quite clear what you want to ask and what you want to do. well in this case you can always file a divorce but till the time you get divorce you have to pay the maintenance to your wife

may god be with you

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Answered on 8/07/07, 5:30 am
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: reagding marriage act in hindu family of india

File a case in the court for conjugal rights, as she has left you and stays in her father's place, narrate all the facts and file a compliant in police station, for your safety.

regards.

B.Balasubramanya.

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Answered on 8/07/07, 6:26 am
rajeshwar sharma rajeshwarnathsharma

Re: reagding marriage act in hindu family of india

You may file case for conjugal right to bring back your wife.

Your query is not clear at all

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Answered on 8/07/07, 9:25 am
G. M. Gupta gmguptaandassociates

Re: reagding marriage act in hindu family of india

do u love her??

there may be many reasons for this but women is impulsive so this need special tackling

you have to think about baby also ..... though men are also bullish but anyway....dont expect sanity from women. if you are in delhi then do contact me.

For further and detailed advice contact personally.

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Answered on 8/07/07, 10:42 am


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