• Divorce process

I got married on 27th April 2001. Me and my wife lived together around 1 and half years since marriage. Due to some reason I asked her to go to her parent's place and as soon as I get the job I will call you back. She agreed and gone. After getting job in a very reputed company I asked her to come back and I am coming to you to bring you. She denied to come back and told me neither I will come to you nor give you divorce. Till date status is same. I could not attempt to take legal action as I used to live very far from my place due to my job. Meanwhile she started practice as advocate in Allahabad High Court and I am a Signalling Engineer in a multinational company in Mumbai. I belong to Kanpur Uttar Pradesh and she belongs to Allahabad Uttar Pradesh. Our last meeting was on November 2009 and since that there is no contact between us. 
Kindly suggest me for appropriate action in this regards.
Regards.
ASHEESH MALAVIYA
+[deleted]
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

Denial of marital rights amounts to cruelty.

You can either file for restitution of conjugal rights in the family court and seek restitution or you can file for divorce.

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

File for divorce on grounds of mental cruelty and desertion

2) wife refusing to stay with husband for continuous period of 2 years amounts to desertion and is ground for divorce

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Hope you have the evidence that she has refused to join you for more than 2 years despite your asking her to join you.

2. You can now file a divorce suit on the ground of desertion against her at the place where you had last stayed together.

3. She might file an application for transferring the said case to Allahabad which you should contest.

4. If the case is transferred to Allahabad Court, you shall have to pursue your case there.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

You need to file a divorce petition in Kanpur and let your wife respond it

As there is nothing left in the relation and you are living separately since long time then the divorce is only way out let her reply to your petition in the court even if she is an advocate.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

File a suit for restitution of conjugal rights at court where your marriage took place, or where you both last resided together as husband and wife under section 9 of Hindu marriage act. If she refuses to join you in rcr case then you will be entitled to divorce automatically on filing petition. You can also file for divorce on ground of desertion but again burden of proof will lie on you.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. File a divorce on ground of the desertion and the cruelty under section 13 Hindu marriage act if you want to give her divorce at the family court she is residing you you last resided together.

2. If you donot want to divorce her file a petition for the restitution of the conjugal rights to bring her back.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File petition for restitution of conjugal right

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

First of all you decide what you want. If you want to keep her with you then you should file RCR under section 9 of Hindu marriage act just to stay with you. Moreover you have not told why she is not staying with you . other action will depend on the the reason why she is not staying with you. Moreover you have not mentioned why you want divorce. If it is only reason then you may file for divorce after section 9 case if she refuse to stay with you as this itself will sufficient ground for divorce which will be proved by section 9 case that she is staying away with you without any reasonable cause a ground for divorce under Hindu marriage act

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Firslty, as per the information provided by you in the present query, it seems that it is the case where marriage can’t be put at the previous stage.

Secondly, you should give her a notice for divorce to go for the mutual otherwise you would recaurse to other legal way.

Thirdly, you may get the divorce for sure, but it may take sometime, and less time if not contested by her.

Fourhtly, this is not her wish to make your life miserable by not coming to you or by not giving divorce to you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) If you are living separately from more than 7 years than you can ask court to give you divorce in the way of Judicial separation.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear client

You may file a RCR Petition to bring her back if you want to live together or can go for divorce if want to end the relation

Adv Vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

This is my response to you:

1. If you do not wish to continue the relationship the take divorce;

2. Ask her politely to agree to mutual consent divorce;

3. If she does not then you have no other option than contested divorce;

4. Collect all documents necessary and file a petition in the court;

5. Send her summons and let the court do the rest.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

File a case for restitution of conjugal rights and never say anyone that you asked her to leave , always say that she left the home voluntarily and did not entertain you when you ask her to come.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

What's your take on this marriage? If you have taken a decision to come out of this marriage, apply for a divorce on the ground of desertion and mention.

File a petition for restitution of conjugal rights in case you want your wife back.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You have to decide whether to continue this dead marriage or to dissolve it by a decree of divorce

If you have decided to file a divorce petition then you may file the cae in the place where you both resided last together.

The divorce on the grounds of desertion and cruelty may be filed.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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