• Divorce

Before 1 month my wife left my house and went to her parent's home. how can i prove that she is not living with me anymore?
and after how much time i can file divorce case against her?
she is no mood to give me divorce or come back.
she told me that she will not come and will not give divorce also. she just want to destroy my life.
her family dnt want to listen anything and even not giving answer about divorce.
i was thinking to file divorce case against her. but the lawyer told me that i will do so then she will file dv and dowry and some other allegation on me and my family. and court will listen her not me.
lawyer suggest me to stay calm and wait for her action. for how much time should i wait????????
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
she has left you only 1 month back  . write to her suggesting that both visit a marriage counsellor to resolve their disputes . if counselling fails then decide your next step after consulting your lawyer . dont take any hasty decision for filing for divorce . wait and watch  for 6 months
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
for filing divorce it is necessary that there should be one year of marriage.You can start the proceedings of section 9 HMA  for restitution of conjugal rights.and if does not come on this then you can file suit for divorce after one year.do not wait you can start with section 9 application ,and if she has to file the cases mention by you then she will file,forget about that just focus how you can secure your self
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
dont file RCR . it is counter productive . if you file RCR she will file 498A / DV case against you .
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
since you are interested in living with her and one year has completed that go for divorce under section 13(1)(i a) of HMA on ground of cruelty
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Your marriage can still be retrieved out of rough waters. Do not show tearing hurry in applying for divorce. Try to iron out the differences by visiting together a marriage counsellor. If no reconciliation is forthcoming then you may apply for divorce at any time.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
If FIR is filed by her then you will get sufficient opportunity to contest her case. As of now involve a marriage counsellor. Better sense might prevail on her. If it does not then you may file for divorce.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
Dear Querist
If you have decided for divorce then file a divorce case before court but think about the reason it should be strong because you can file divorce case on cruelty basis and not on desertion.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
If she filed DV case against you or your family members then her case will be count as counter blast case, 
your mother may file DV case against her and not against her father or brother 
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
if your wife files dv case against you and your family contest Dv case on n merits . no need for your mother to file counter case . 

th e laws are loaded in favour of women . you have to weigh the pros and cons before taking any action .
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
if you want your mother can  file dv against your wife, she is also an aggrieved person and has right to file case againts her
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Your mother can file a DV case against your wife and in laws if the legal ingredients are fulfilled.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
yes ur mother aslo filed dv case against ur wife as well as u.
when ur mother file dv against u also n when u appeared in the court then u except all the allegation against u n ur wife this helps u in ur cases that ur wife is quarrelsome person.
Deepak Rao
Advocate, Delhi
15 Answers
0 Consultations
3.5 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

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0