Legal Question in Family Law in India
my wife had left my house last year in may 2012 and till she had not come back. i tried my best to bring her back my home but all is in vein.at last i went to her home in ahmedabad on 01st december 2012 for once all finalise she told she want divorce and i also told her i am ready to give her just for her wish but i told her to file she said me ok i will send you papers by post. but till date after two months are passed she had not send any papers to me so i called her her father is asking me to send one letter to them stating that they send papers and i am ready to give them sign on divorce papers. i ask them why i should give them letter her father is saying that after i file for divorce and if i refuse to give consent they want surety so they want letter. i want to know i can send such letter to them or this is risky in future proceedings and if yes than in which way i can send with which matter which will be safe in my interest. i very well know this is all my wife parrents game they had convinced her emotionaly for divorce iw ant to save my marriage i want to know if i send papers and she proceeds than in court can i get one chance by judge for counselling who can help me in saving
3 Answers from Attorneys
What i have understood is that you want your wife back , File a petition u/s 9 H M Act and engage a good lawyer to guide you .........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
Hello,
If she is not sending the papers you can send mutual consent papers to her, if both of you have mutually decided to divorce. In case of mutual divorce any one can proceed first. Still if you want to give a chance to the marriage you can say so to the judge when your matter will be listed. Thereafter , your case will be transferred to counseling.
If, you are dedicated to bring your wife back you can file for restitution. But you have to judge your situation wisely or contact a good lawyer and explain the situation in detail.
During any stage till the divorce is granted you can request the court that you want to reconcile with your wife. Majorly court prefers such plea as the purpose of the law is to save marriages.
For specific advise you can send us an email explaining your situation in detail.
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