• Wife showing cruelty against me and now demand for mutual divorce

Sir our marriage was aranged now after two years of married relationship due to no issues,my wife left my rented house and went to here brother from last 8months she is staying there,my family and me call here manytime but she never come and even switch here mobile,no email answer of my,me and my family are true person,marriage was also dowryless,now my wife demand for mutual divorce she says she will not come,she spoil my whole life,my family also make here family understand such things should not be haapen when we have already dicuss about our son salary and everthing before maariage,but here parents says our daughter dont want to live with your son.at last my father in a very upset word says its ok if you dont want to send your daughter back (but we are still saying she can come anytime to here husband and us)then kindly ask your daughter to come court and file mutual divorce,here parent says we are agree to come delhi,Kindly suggest me after First motion completed ,will court allow both of us live together for next six months or after first motion court orderd for divorce,here whole family fraud with me and my family,what punishment will be given to here brother in such case.KINDLY READ ALL MY MATTER and finally let me know what should be done.
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu
1. After the first motion the court will let you decide the fate of your marriage for 6 months.  If you reiterate your wish to end the marriage on the second motion, divorce will be granted.

2. She will be at liberty to back out of mutual divorce proceedings after first motion, doing so will not be fraud.

3. There is no point in filing for restitution of conjugal rights if she is not ready to return to you. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) if your wife does not want to stay with you then you cannot force her to do so . 

2) file for divorce by mutual consent since your wife also wants divorce . 

3) after first motion you continue to stay separate till divorce is granted as your wife does not want divorce .

4) after 6 months time divorce would be granted 

5) you for get about punishment to her family . consider your self lucky that wife has not filed any false cases of dowry harassment or domestic violence against you and your family members 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) under no circumstances file for restitution of conjugal rights 

2) it would take 5 years to be disposed of and you cant force your wife to stay with you .

3) get divorced in 6 months and remarry 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
If she is not willing to continue the married life with you and has opted for divorce on mutual consent without any demands attached to the option, you may very well go for it instead of stretching the issue unnecessarily.
See you can draw the horse to the pond but cannot make it drink the water.  If she is not willing to live with you anymore and she is very adamant about it, you have not choice than to give her divorce instead of running behind the legal issues and wasting your time, energy, money and life for another time span of 5 years or so without any benefit.
Take time decide wisely, is she is not willing to live with you, consider it as your luck to know about her nature and character now itself instead of knowing it at a later stage when such things are not rectifiable.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Admit the facts of life. It is reminded to you that your wife has withdrawn voluntarily from the society of her husband without any fault on your part. Do not bend upon the things such as- she has ruined or spoiled your life. Face the reality and decide what you want now?
If both of you are ready for mutual divorce, a separation of at least one year is mandatory. After completion of one year, the petition under Section 13B of the HMA, which is also called the First Motion Petition for Mutual Consent Divorce invariably contain a joint statement by both partners present in the Court. In the said joint statement, it shall be stated that due to the irreconcilable differences between both of you, it is not possible for both of you stay together and should be granted a divorce by the court. 
Please remember that the separation of 6 months will continue after first motion and second motion petition shall be filed after that. The concerned family court adjudicates the matter on filing second motion petition and issue decree of divorce thereafter.
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
In the given facts it is advisable that you go for mutual  divorce and start your life afresh with a compatible match. In the present circumstances you shall never be happy and peaceful. But in the mutual settlement you don't pay anything to her. If there is any alimony demanded for separation then file a petition for restoration of conjugal rights and if she does not come to live with despite order of the court file a divorce petition. 
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
1. After first motion court never asks the party to stay together.
2. On second motion if both parties remain present and express willingness for divorce then decree of divorce will be granted.
3. There's no need for filing restitution of conjugal rights case.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0

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