Legal Question in Family Law in India

Dear sir,
I am Hindu,Basically from Delhi ,probationary officer in state bank of india posted at Gujarat. I married to a Hindu girl who also hails from Delhi according to hindu social custom and rights without taking a single penny as dowry.She is also employed in a public sector undertaking IN DELHI. Five months have already been elapsed,but she is not residing with me at gujarat.She says either you quit your job or take long leave to reside with me if you want.
she is living in her parent's house.
Her parents are also supporting her.
She also says that i will neither quit the job nor stay with you at Gujarat.
Sir,
I sent a legal notice through advocate requesting her to join matrimonial home with me at gujarat.But she replied in a very negative way imposing baseles allegations on me and also denied to join me in gujarat.She says she may join her in-laws home in delhi.
Her parents are demanding Rs.10 lakhs to settle the matter i.e. for mutual divorce but they want the money in their home but not in court.
Sir , My father phoned my father in-law several times to come to court and settle the matter and amount be justified, but he straight away refused.
Now,My wife is threating me and my family to file all false cases i.e. 498a , 406 etc. against us.
Sir ,Please advise me urgently and also tell me the LEGAL DEFINITION OF MATRIMONIAL HOME because she says the COURT will decide the definition of "MATRIMONILA HOME".

Asked on 6/01/10, 11:09 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in case she is not joining you at your matrimonial home in gujarat, she is guilty of desertion and she is not entitled for maintenance or residence orders. however, you need to defend your case strongly. it is better if you file a petition for restitution of conjugal rights here in delhi for seeking directions by delhi court to direct her to join you in gujarat. you cannot file the petition in gujarat as she has a right to get the same transferred to delhi.

Answered on 6/01/10, 11:15 pm

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