Legal Question in Family Law in India

I am married last may 2013 and for a small quarel that my wife started dragged and I asked her to leave her parents home so that her angry may go down and she went to her parents home and now their parents financial position is week and she is employed. Now After long struggle I am trying bring her home for which her parents are denying since they are getitng finance support from her. And when my parents approached to return her my inlaws started abusing my parents and I dont want to approach them in person.

I have 3 questions

1. I have filed a case to return her to home, incase if she doesnot accesspt the summon / notice what happens and if it repeats for more than 3 times what happens?

2. What happens incase if she fails to appear for the counceling for more than 2-3 time?

3. What is the other ways that I can try bringing her home?


Asked on 11/10/13, 8:09 am

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

1. If she deliberately refuse to take notice and the fact comes on record, court may proceed ex parte

2. Question of counseling only comes if she receives the notice.

3.This is the only way. Win the case and there are chances that she will come back.

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Answered on 11/11/13, 8:46 am
anuradha Dixit +9312411481 dixitlawfirm

you have filed a petition for restitution of conjugal right. If the notice is served upon her and she fails to appear then she will be proceeded exparte. In case orders are passed in your favour then she may come back but if she fails to do so then after one year from the order you can file for divorce. Mediation is possible if both parties are agree .dont assume the worse chances are she will appear in the case .For further clarifications 9312411481

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Answered on 11/12/13, 6:31 am


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