How to call back the wife who has gone away after getting married due to marital dispute

 

Restitution of Conjugal Right Sec 9

Often a laughter concert will not take place without listening to the couple's jokes or jokes, or at a large comedy poets' meeting, without mentioning the couple's relationship and their debates. Sometimes the disputes escalate to such an extent that both the bride and groom have to go to court , sometimes the police have to take the hospitality  and the distance from such disputes is that the wife stays with her parents so the dialogue between the two ends and reconciliation takes place. No, husband and wife go to his wife's house and try to bring his wife in-laws, but what will you do if his wife refuses to come? 

• Hindu Marriage Act 1955 
• (Sec - 9 Conjugal Rights)  

Under Section 9 ( Marrital Rights ) of the Hindu Marriage Act, 1955, the husband can claim to be sent to the wife's side.

After filing the claim, he summons his wife and asks her to appear in court on the next date

 The wife's answer is taken in it 

The wife can record four types of answers 

1- Indicates preparation for bathing

 2-Allegations of  domestic violence 

3- Refuses to bathe |  separation

4- Judgment

1- If the wife is ready to take a bath, then the husband can take her to the bath happily and happily and can start the world and the dispute ends here 

2- If the wife comes and alleges domestic violence, U/A domestic violence act 2005  then the court will demand strong evidence from her, i.e. Burden of Proof, the wife is responsible for proving the allegation, she will have to submit strong evidence if she is unable to do so or not. If there is no evidence, the wife (domestic violence) cannot report the crime of domestic violence

3-   Refuse to bathe 

 A] If the wife refuses to take a bath, the husband can file a divorce case. 

 B] If the wife has been a prostitute for more than two years, divorce can be obtained immediately 

 The husband is not obliged to provide any form of alimony to the wife 

4 - Judgment In such cases, the judge orders the wife to go to the bath for at least six months 

• Benefits of sending claim

 1- Proof Of Domestic Violence And IPC- 498 (A) 

If the wife has filed a domestic violence case against the husband, the husband can use the judgment in the deportation claim as evidence. 

Police will not arrest the husband after showing the verdict in the extradition case after filing a domestic violence case.

 

2- Maintenance / CrPC 125 -

If the wife claims alimony, the husband may refuse to pay alimony based on the outcome of the judgment. 

3- Wife is not present in court -

 If the wife does not appear in court despite the summons issued by the husband, the divorce will be granted on the basis of the judge's decision. 

4- Wife in present in court

 The wife will appear in court and come to home with the above answer and again in a few days will be accused of domestic violence, but the wife will have to present strong evidence in this regard. Burden of proof will be on the wife.

•  If the wife does not live with him even after getting the result (Contempt of Court) case can be filed