you cna file for divorce on grounds of mental cruelty

2) wife forcing husband to stay separate from his parents amounts to mental cruelty

3) wife accusing husband of having extra marital affair amounts to mental cruelty

4) RCR is useless . you cannot force your wife to stay with you even if you get a decree

5) messages exchanges with wife would help you in making out a case

6) wife can file 498A case against you even if you file for RCR or divorce

Dear Client,

Above suggestions are advised to avoid cases, wife shall file if u file for diovrce.

1. Some lawyer suggested me that in place of Direct divorce case first you file sec 9 and see her respond . May be she will be ready for mutual divorce and if she will not ready then after 10 -12 month withdraw sec 9 and file divorce case on desertion basis because on ground of cruelty its very difficult and time consuming to get divorce . so wants to know is it right way or have some harm for me ? ---- RCR is fine, this way her intention will b e clear whether she wants to stay with u or not. Also good defense if she files criminal case/ maintenance. 2 years desertion valid ground for divorce along with ruining social reputation. and her force to stay away from parents.

2. If i go on cruelty ground then how i can prove that she is saying separate with my parents and her false allegation on my character which was very much affect my social respect . ---- It`s your job to procure evidence. Neighbors state etc.

3. If i go first with sec 9 then there are any benefit for me if she file case against me in sec 498 and maintenance case . --- Yes

If you file Restoration of conjugal rights case on your wife it is up to her even after the decision of the court she follows the decision or not but for sure she will file a case of 498 a on you.

Just send her a legal notice that you are going to file a case of divorce case on the cruelty ground and she need to discuss and reply the notice.

The notice might create some pressure and I will advise you during that time go for reconciliation of any difference in case there is a problem in the family move out of the family and live peacefully

1. If you want divorce then there is no need for to file RCR and then after decree to file divorce on non complaisance of it.

2. The divorce suits is mostly decided on the basis of affidavit of respective parties and evidence if family members there can not be any documentary proof .

3. There is no such benefit.

- Narrated acts of your wife amounts to cruelty upon you and on this ground you can file divorce case but divorce is not the solution of a matrimonial life .

- You should try to resolve the matter in dispute firstly with the help of respected members of both family.

- If no better response and she deny to accompany you , then file Divorce case against her . It is not necessary that she will fight the case .Court will first try to resolve the matter in dispute with the help of counselling both parties and mediation center and further may suggest to take mutual divorce.

- You can file RCR as suggested by the Lawyer, but will not get better response from her.

For lodging FIR under section 498 A , she will complain against you with the women cell . The official there will try to resolve the matter in dispute and your problems may be removed from the there.

Yes, you can take help of that only if you want her back. Please keep one the NGT in mind that after sec 9 if she returns with some plan then things would be difficult if after that she files any false case haunts you with some evidences.

Cruelty would be a good choice, and it is not so hard to proof the same as per your query statement.

No, in fact she may say that after returning you all have demanded so many things plus DV acts.

1.) See, first option will be much better because if she do not comply with the orders of section 9 then it may become strong reason of getting the divorce in future. On the other hand, that petition may also be converted into the mutual consent divorce through counselling if both the parties agreed.

2.) You need to give evidences and witnesses for the mental cruelty.

3.) You cannot stop her to excercise her right to have maintenance and 498A. There is only one option if you both agreed to have mutual consent divorce.

no benefit of section 9 u should direct file section 13 Hma if u ll file 9 hma she ll clearly say dt u nd ur family members are harassing her fr demand of dowry due to whoch nt want to join ur company. after filling 13 hma u ll get benefit in 498 fr granting anticipatory bail also that she filed complaint fr counter blast

1. If you have decided to divorce her, then you can file a divorce petition directly without taking any loong route of filing RCR or any other method.

The suggestion made by your lawyer is not advisable.

2. Sometimes you may have to prove certain things through some witnesses only, hence you can prepare a witness from your home to prove this.

3. RCR is not advisable if you do not want to live with her anymore.

Whether or not she cannot be stopped from lodging criminal complaint under section 498a ipc, hence dont bother about it instead take precautionary steps to avoid arrest.

Hi,

The point 1 of the question is better option and you are suggested to proceed that way.

First mutual Divorce is better option. Else you need to file contested Divorce which can be later converted into mutual Divorce. She can file 498 A any time so no relevance on the timing aspect for the same. You can counter her allegations in cross examination and by filing evidence on record.

1) Section 9 is for RCR

Restitution of Conjugal Rights in Hindu Marriage Act. ... The section 9 of the HMA reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights.

2) It will be safe side if you go with first section 9 and than desertion by wife on tbis basis you can fill for divorce.

3) or you can go for Mutual consent divorce.

Both

Yes

no

If wife has stayed separately for continuous period of 2 years then file fir divorce on grounds of desertion and cruelty

2) better wait for period of 9 months then file for divorce on grounds of desertion

1. Whether divorce on the grounds of cruelty or desertion, the time taken for disposal cannot be avoided.

2. It is your own decision.

3. No.