Legal Question in Family Law in India

section 9

I had sent my lawyers notice for conjugal rights to my wife. she did not respond to it but filed sec498a against me and my family. Can i go for quashing of the false 498a and where, what evidence do i need to prove it false? Separately should i file for section 9 case for bringing her back or what other option is there for me... what other section.... can i file for divorce on irretreivable breakdown of marriage... it is just that she does not want to come back to me as she does not want to be with my family, i am the only son cannot leave my parents to be with her and she wants only money from me. what do i do? Is this marriage null / void as nothing took place between us.


Asked on 12/23/08, 12:02 am

5 Answers from Attorneys

Lawbird in Delhi Taneja Law Office

Re: section 9

You need to meet a lawyer and discuss the matter in detail personally.

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Answered on 12/23/08, 1:48 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: section 9

Its better you consult a lawyer personally with all the details.

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Answered on 12/23/08, 2:20 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: section 9

Quashing is quit different ,untill I got the copy of charge sheet or FIR I cannot advice the same.However in my experience I can say when there is notice for retition of conjugal rights there is a possibility of quashing the FIR/chargesheet.You can file sec.9 case, but in that situation the cruelty of your wife will be codoned automatically.You can file a divorce on ground of cruelty and desertion.As according to the last part of the question I can only say that you can file a criminal suit against your wife.

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Answered on 12/23/08, 2:18 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: section 9

You may need to engage a counsel for handling your case properly. The notice for Conjugal Rights or Section 9 petition is not advisable. You may better take steps for out of court settlement of the entire matter.

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Answered on 12/27/08, 10:00 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: section 9

You may need to engage a counsel for handling your case properly. The notice for Conjugal Rights or Section 9 petition is not advisable. You may better take steps for out of court settlement of the entire matter.

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Answered on 12/27/08, 10:00 am


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