• Divorce

I m married for 1 year. From the very first day I had problem witj her. Now she left my home. Now she got job in kendriya vidyalaya in another city. Now she refused to come back. And refused to give divorce also.what should I do to get divorce from her?
Asked 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
first of all u should file petition under section 9 of  HM act for restitution conjugal rights. if she does not respond or abide u may file divorce on grounds desertion. for brief or any other doubt u may call me
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

3.9 on 5.0

Hi, file a petition under section 9 of H.M act for restitution of conjugal right........ if she not  return after completion of two year you can file divorce on ground of desertion.
Pradeep Bharathipura
Advocate, Bangalore
4446 Answers
191 Consultations

4.3 on 5.0

if you file petition for restitution of conjugal rights it will open a pandora box . she will as counter file 498A / Dv cases . it is better you file for divorce on grounds of mental cruelty . .
Ajay Sethi
Advocate, Mumbai
38632 Answers
2167 Consultations

5.0 on 5.0

there is no harm in starting with section -9 HMA for restitution of conjugal right,because if you go for divorce directly then court may ask you what effort you have made to bring her back,atleast this application of section 9 will provide a back
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

If you want divorce then go ahead and file a case for divorce on the ground of cruelty whereupon she will have to appear in the court and contest your case. If you want to save your marriage then you may file for resumption of conjugal rights.
Ashish Davessar
Advocate, Jaipur
21759 Answers
595 Consultations

5.0 on 5.0

if she is not ready to live with you then RCR is not useful, file a divorce case before district court.
feel free to call
Nadeem Qureshi
Advocate, New Delhi
4486 Answers
203 Consultations

4.9 on 5.0

Think and decide the option whether to save your marriage or the other way.  Then you may file for resumption of conjugal rights or file a case for divorce on the ground of desertion.
Shashidhar S. Sastry
Advocate, Bangalore
1529 Answers
99 Consultations

5.0 on 5.0

Go step wise I.e. first for restoration of conjugal rights ,if it fails than go for divorce petition.It will be faster and concluding.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.3 on 5.0

Hope she has  not  denied u the conjugal rights.  Since she is employed in KV in another city, better, u visit her regularly and she may also visit u in turn.  Don't jump the gun so fast, appreciate her problem too.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultation

4.7 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer