Legal Question in Family Law in India

Respected Experts,
A petition for divorce u/s 27 of Spl. Marriage Act. on the ground of cruelty filed by wife has been dismissed twice at the district court of India.
In the first time the Honorable court ordered to brought the case u/s 28 if Spl. Marriage Act. and dismissed the case.
Then there was an appeal for reconsideration but again it has been dismissed due to lack of merit after contest.
My question is:
1. How the wife can be returned back to her in laws house legally?
2. Will she have power to move for high court? If yes, how to resist her legally?
3. Witness presented by the wife during proceeding of the case are found given false statement. Then filing a case U/S 191 & 195 OF IPC. READ WITH 340, 250, 357 OF Cr. PC. will be helpful for the husband?
File fact:
*The couple have a adopted male child (due to inability of wife) who is now six years and living with the husband for five and half years.
Please guide.
With Regards.

Asked on 2/02/18, 8:50 am

Santosh Goswami,Advocate sure shot legal

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0 attorneys agreed

1. Though you may file a petition for restitution but basically there is no way to bring her back legally and she can defy the order of the court.

2. Yes, she can and you can not resist her. Its everyone right. You need to counter there.

3. Yes, you can file but it will not serve any useful purpose.

Note: If you can bring her back with love, its ok otherwise matter will end up with divorce one day.

9555462995

Answered on 2/05/18, 10:40 pm

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