Asked in Marriage
Dear Sir, Ask your friend to file petition for Restitution of Conjugal Rights.
he can file a case for divorce and a police complaint for injury to him
You have mentioned the details but missed one important question as to what your friend now want? how he like to deal the question. If he wishes to retain the matrimonial alliance, he should go for mediation. If he does not want to keep the relation alive he should go for divorce. But in both cases he have to be very cautious and get the documentation in prefect manner and converging all aspects of the circumstances. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.
he can file case of divorce . he should file FIR against his wife that she touched hum. for further consultation u can contact me.
1. try mediation 2. go for marriage counselling 3. file restitution of conjugal rights 4. if all above fail file for divorce. if later party agree file for mutual divorce
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce future legal complications, some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
1. if your friend wants to remain in the matrimonial relationship, then ask him to try to settle the matter amicably with his wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court, and, 2. if he wants to terminate the matrimonial knot, then, try to settle the matter amicably with his wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and both will be free to live life with wish, if failed, he has two options, one option is to, file contested divorce on the grounds of mental cruelty but it will take around 3-5 years, once he file contested divorce she may file/claim 498a complaint Domestic Violence case maintenance, so be ready for them too, and, the second option is to file Restitution of conjugal rights petition in the Court, to show the bonafide intentions to save the matrimonial tie, however, he can withdraw the same any time, RCR will work as a safeguard to 498a, maintenance, DV etc
Suggest your friend to File Divorce petition as soon as possible mentioning all the I'll activities done by your friends wife and seperate application for custody of the child.
Dear client, he can file divorce case from his side in court.
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