Hi

Please be clear what legal advice you want here....

If you want separation then file for divorce under 13A HMA and if you want her to bring back then file section 9 RCR.......

**Goole about he full forms.....

Dnt be the slave and look forward for a.more prosperous life.

Thank You

Look you just lived for 25 days together ..... 

One you are saying that you want to bring her back.....And another you are saying that it will not go further..... Be strong , be bold , take decision and try acomplishing it.

If she doesn't wants to live with you as well as not willing to give divorce you may better file a contested divorce on the grounds of cruelty and voluntary abandonment of matrimonial home without any valid reason.

Let she appear before court and challenge or defend her interests.

You can file a contested divorce case on the grounds of cruelty.

You can mention all the events that took place in your married life from the beginning till latest separation chronologically.

You may discuss at length with your advocate on all such further issues and proceed as per the suggestions received.

The wife has not been candid about herself. If she had any issues they should have been sorted out before the marriage but it seems she was having doubts about you being the right person immediately after getting married. That the reason she didn't come back and even though she did come it was only for a month.

Either she does not trust you or she herself is not ready for marriage.

Therefore try mediation. Your friends and relatives could talk to her family friends etc. If this is not possible or you have tried it then file for a mutual consent divorce and if she is not ready to give you a divorce then file a contested divorce petition.

Regards 

If your wife does not want to stay with you file for divorce on grounds of mental cruelty 

2) wife refusing to stay with husband amounts to mental cruelty 

3) if wife agrees you later convert petition for divorce into divorce by mutual consent 

4) don’t file petition for RCR  as it is useless 

5) even if you get RCR decree you cannot force wife to stay with you 

File for divorce on grounds of mental cruelty as mentioned herein above 

2) you can file petition for divorce as more than a year has elapsed  since  your marriage 

3) contact a local lawyer 

See you want to call her back file a restitution petition before court under section 9 Hindu marriage act the court shall first order mediation if things work out it's good in mediation if she is ready to come back. The court can further pass order to restitute if mediation fails.

File a matrimonial petition in family Court for restitution of conjugal rights.

To file divorce you to file a contested divorce on ground of cruelty under section 13 Hindu marriage act that wife desert you there is no domestic relationship as such and there is cruelty. The contested divorce shall take time so if she is ready for mutual divorce then that will be fast and better.

Dear Sir,

You can file a restitution of conjugal rights case before Family court and if the court finds out that your wife have left without proper reason then court will order your wife to resume the conjugal relationships. Court will give counseling to reconcile the difference of opinion and for reunion.

Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.

If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

1. As per the information mentioned in the present query, makes it clear that you have been trying lot to bring her back, but it seems that she doesn’t want this relation.
2. Earlier, when you filed divorce petition, judge said it to wait till July as this is mandate to wait for one year at least for filing the divorce petition.
3. Now that period has been over, so irrespective of the fact as how many days you were together or not, I advice you to please file divorce divorce edition as soon as possible.
4. I am advising you this for a reason, as I have seen cases where wife keeps on saying that she would come and then she files false cases of 498A, Domestic Violance etc.
5. But, if you file for divorce and then she files all these cases, then at least you would have an edge on your part.
6. Rest, you can also go for RCR as per section 9 of HMA, to bring her back, to show your desire to have a family again, subject to your wish only.

Rest, you can contact me through Kaanoon for further legal assistance on this and I would try to find some case laws to give more strength to your case.

1) You can file for divorce on deserted ground. And tell her you going to remarry soon. See her reactions.

1. Engage a common acquaintance to know her intentions as this conduct is surely not normal and may be she is not interested in this marriage but is hesitating to tell you.

2. If that is so then go for mutual divorce in which she is likely to claim permanent alimony.

3. If she does not agree on that as well then you can file a suit for contested divorce on the ground of mental cruelty 

1. You want to call her back but she apparently does not want to be back. So you may file a petition for restitution of conjugal rights to seek a decree against her, but remember that court cannot force her to be back with you. RCR petition is filed only to make an affirmation that wife left matrimonial home without any justified cause and carve out a defence to repel her future claim to maintenance.

2. You are also free to file for divorce on the ground of cruelty irrespective of how long you lived together.

The essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to be faced in life, an experience of the joy that comes from enjoying, in common, things of the matter and of the spirit and from showering love and affection on one's offspring. Living together is a symbol of such sharing in all its aspects.

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. India is a land of varied religious communities having their own marriage laws, the divorce procedure too varies, according to the community of the couple seeking divorce. 

 Due to various reasons in this country it is becoming more and more difficult for disgruntled couples to live together, on the ground of in compatability. The need for separation, where the parties to the marriage cannot live together, has been recognised to a certain extent in Section 13-B whereby the right to apply for divorce by mutual consent has been conferred by the Act. From your query itself seems that your married life is 'Irretrievable Breakdown and she is not come back to your home.The Supreme Court came to the conclusion that on a consideration of the various aspects of the case it was clear that the marriage was dead both emotionally and practically and there was no chance at all of its revival and continuation of such a relationship would only be for name's sake. 

So file a divorce under the ground of cruelty before family court with out delay. After that you can get an idea that she will come and stay with you or else get a decree of divorce.

1.You can file Section 9 restitution of conjugal rights case before Family court and if the court finds out that your wife have left without proper reason then court will order your wife to resume the conjugal relationships. In case she does not return even after one year of this decree, then you can opt for divorce on this ground itself.

First of all my wishes to you that you want to live with your wife. You approach an Advocate and give him details. You can file Restitution of Conjugal Rights in your jurisdictional Court and she has to appear for that case and you will have a chance of mediation. You can solve your problem.

If you want to save your marriage, file a petition for restitution of conjugal rights against your wife, since she has abandoned and deserted you without any just and sufficient cause.

She is not entitled to any maintenance from you, in the present set of facts;. 

Contact a local lawyer for more help. Better you see some one who has vast experience in handling matrimonial disputes. 

You can file a petition for restitution of congual rights in family court she will come back if court orders

Dear Querist

Based on Cruelty, you may file a divorce case against her before the family court under section 13(1)(ia) of Hindu Marriage Act-1955 along with an application under section 21B of Hindu Marriage Act-1955 by which the court may proceed your case on day to day bases and your case may be disposed off within six months from the date of receipt of notice.

Feel Free to Call

Sir, 

First prima facia option is , Section 9 - Restitution of Cojugal Rights ( means you want her to come and stay with you). as per your situation, she will not agree to come back to you. then you can file for judicial separation, following with a divorce petition.

this is the speediest procedure. 

other is the separation period is 2 years. then you can go for divorce.

Abhishek Sharma