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Sir,
Husband filed Divorce petition against wife, Family court dismissed it and advised the husband to take the wife and lead marital life.The question is if husband does not comply with the Court order what is the remedy for wife ? Now wife staying with her parents. Can Family Court or High Court take action against husband ? Any other remedy for wife....

2007-12-12 19:36:58 · 13 answers · asked by Raghu R 2 in Family & Relationships Marriage & Divorce

13 answers

The family court advice to the husband whose divorce petition is dismissed does not make him legally bound to obey such advice hence the question of any contempt does not arise. The family court can just dismiss his divorce petition nothing more then that in the form of any legal order or direction to MUST take her back. The maximum such a wife can do is to move the family court for relief such as restitution of conjugal rights for which even if a decree is passed in her favor cannot force the husband to keep her, but he can be directed to provide her permanent maintenance & even a place to reside at his cost if he doesn't want to keep her, such wife can again move the family court after expiry of one year of passing of such decree for restitution of conjugal right to grant her decree of divorce on the ground on non compliance of such previous decree of restitution of conjugal rights. This the correct legal position with regard to such issues.

2007-12-12 20:23:10 · answer #1 · answered by vijay m Indian Lawyer 7 · 4 0

Can Family Court or High Court take action against husband?

2014-12-16 16:30:39 · answer #2 · answered by Anonymous · 0 0

You have not told why the court dismissed the case. Obviously, the court did not find anything amiss. It is sad that the wife has been forced to stay with her parents.

The husband may want to look at a reconciliation. Otherwise, the wife's family can even claim contempt.

The best would be to sit together and iron out the differences.

2007-12-12 20:23:06 · answer #3 · answered by babasbhakta 3 · 1 0

if he is going interior the direction of the divorce technique after the X volume of time you may opt to be legally separated you will get a rule to teach reason why the divorce should not be granted and your criminal expert might assist you plea to the choose why the divorce should not be dissolved. in case you like infants yet can not have your individual you should evaluate adopting or having a serrogate mom. or in vitro fertilization if that is conceivable. yet whilst he needs a divorce there must be different underlying reasons. the two way, why might you opt to proceed to stay married to a guy that would not love you and settle for you the way you're, would not understand that it became god's plan so you might not create your individual infants. if it fairly is a deal-breaking concern enable him go because of the fact he will continuously be unhappy and resent you. in simple terms get your self a great criminal expert and take a million/2 of all he's well worth

2016-11-03 02:53:35 · answer #4 · answered by ? 3 · 0 0

Now the wife can file an execution petition before the court of appropriate jurisdiction then the court will issue summons to the husband after which if he does not appear, the court wil issue warrant against him.If he appears before the court then regular proceedings follow....my advice would be to consult an advocate.

2007-12-13 01:45:35 · answer #5 · answered by Anonymous · 0 0

Generally in divorce case the court ask husband and wife to have amicable settlement to live together. If not they will ask you to stay separately for a period of 1/2 years, without any interference. Only after that they will grant you divorce or settlement whatever it may be.

2007-12-12 21:38:01 · answer #6 · answered by chidambaram k 6 · 0 0

Contempt provisions may help you. I fail to understand why she is living with parents when her husband is there. She should have confidence to make her place in husband's family. I doubt her parental intervention in her happy marital life. She should severe the relationship from parents to establish it in husband's family if it is done. None can hurt your marital relation even the husband will come to reasonable equilibrium of married life. Good luck for enjoying holy union.

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