Legal Question in Family Law in India

my wife asking for divorce but i am not interested to give

my name is suresh, working in pvt. ltd., co in bangalore. on 01.02.2005 i got married with my girl friend under special marriage act ( fulling all the conditions laid uner the act ) but due to her examination she went back to her parents home. i informed her parents but they are not accepting our marriage and they brinewashed my wife, the main reason is her mother is not feeling well and she is also asking for divorce but i do't want to give very easily. can i take the case to the court and can i file a case under restitution of conjugal right? can they ask the court for divorce with in a one year of marriage

I am waiting for your positive reply.

marriage dt. 01.02.2005 i.e., less than one year.

my email id - [email protected]

Thanking you,


Asked on 5/11/05, 12:56 am

3 Answers from Attorneys
Vivek Anand M/S.VIVEK ASSOCIATES

Re: my wife asking for divorce but i am not interested to give

You have a right to file a suit for restitution, and she is barred from filing a suit for divorce as the law of limitation comes into force.

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Answered on 5/15/05, 10:14 pm
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: my wife asking for divorce but i am not interested to give

If You have performed according to the Special Marriage Act, then you need not worry,Have you registered the marriage with the sub-registrar's office.

The Courts will not so easily give divorce as they think.

you can apply for restitution of conjugal rights, but my advice, have patience and visit her place and find out what is the real reason and you can solve the problem.

Regards

Balasubramanya.

Advocate.

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Answered on 5/11/05, 8:49 pm
Vishwa Arya Arya & Co.

Re: my wife asking for divorce but i am not interested to give

Dear Gentleman:

Even though your marriage is under Speacial Marriage Act, but assuming that you are a Hindu, you certainly can file a petition for restitution of Conjugal rights. Yes, you are right, they have to wait for a year before filing any case of divorce.

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Answered on 5/11/05, 1:32 am


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