Legal Question in Family Law in India

as i said sir they dont want to stay together anymore but his wife is nither ready for divorce niether to allow him to see his child in this case how can things work/

as staying together means fighting and all as in their tenure of 5+yrs marriage she has hardly stayed together at a strech of 6 mnths also as she prefers to stay with her parents only.....and dosent even bother about her husband or in laws


Asked on 5/30/11, 5:21 am

3 Answers from Attorneys
Jyotishwar Bhosale Advocate, Bombay High Court

Hi,

Tell him to file a petition in family court for "restitution of conjugal rights" if he desires to stay with his wife and child. Even if wife denies to come back to home, it would be a favorable ground for him, as if his wife files a divorce case(which her advocate will) then your friend will not have to pay alimony or will have to pay very less alimony.

Note: Better to consult some Lawyer and deal further.

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Answered on 5/30/11, 5:31 am
Sanjay Kalra Sanjay Kalra & Associates

Your friend can file a petition for restitution iof conjugal rights against his wife.

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Answered on 5/31/11, 10:13 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

if he wants her back file RCR if no go for contesting divorce and ask for visiting rights.

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Answered on 6/03/11, 7:47 am


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