Legal Question in Family Law in India

legal notice further action level

Hi,

my marriage was on done Feb29th 2008, she left form my house April28th'2008 from that day onwords she didn't came to my house. For this reason i sent one request legal note through lawyer last 2 weeks back for this note i mentioned whether you joined to my house or not please replay with in 7days like that i sent to my wife house. But she and her parents side there is no response still now. My clarification

Legal notice mentioned date all ready left(7days') so what is my action in the next level. How i can approach next level legally without any further complicate. Please let me know


Asked on 9/05/08, 7:18 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: legal notice further action level

The legal notice you sent has absolutely no sanctity in law. She was not supposed to send you any reply to such a baseless notice. Instead of sending a legal notice, you should have tried to visit her and made efforts to find out her reasons for not returning home.

A married woman does not leave her matrimonial home without any reason or fault of the husband/in-laws. You have not mentioned the reasons of her leaving the house and for not returning. In-between, some facts are missing without which proper opinion is not possible.

You should make substantive efforts to reach your wife and bring her back home. There is a possibility that you had hurt her feelings or caused some harm. If that be so, please go and seek forgiveness for your mistake.

If yo do not, and if you are guilty of some matrimonial offence, she may approach the police and get you arrested.

Try to save your marriage by making personal and social efforts without resorting to any legal action. At this stage, you have no legal remedy available.

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Answered on 9/05/08, 9:43 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: legal notice further action level

Try to settle matter as amicably as possible. After that you may file restitution of conjugal rights case.

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Answered on 9/09/08, 2:08 am


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