1) no case of desertion is made out as on date of filing of divorce petition wife had not refused to stay with you for continuous period of 2 years 

2) if you have not been able to prove allegations of mental cruelty divorce petition woukd be dismissed 

3) don’t file RCR it is useless 

4) wife can file application for maintenance under section 125 cr pc 

6) wife can file dowry harassment case but chances of her success are bleak 

7) you can file fresh petition for divorce 

You can try for mutual consent divorce as all this process will not take both of you anywhere. Yes she can file 125 crpc too

1. No review possible in criminal matters.

2. Yes she can file there are many Judgements

3. Yes she can showing there was mental cruelty.

4. Rcr for restitution of conjugal rights if you want her back.

5. Appeal to supreme court.

1. No review possible in criminal matters.

2. Yes she can file there are many Judgements

3. Yes she can showing there was mental cruelty.

4. Rcr for restitution of conjugal rights if you want her back.

5. Appeal to supreme court.

1. The fresh divorce has to be filed the desertion period at time of filing of petition was less than 2 years.

2. Yes she can file but same can be contested that she herself deserted you and deserting wife is not entitled to maintenance.

3. See she can manipulate facts and file false case but same can be quashed from HC on the ground.

4. Filing RCR in your case won't help.

5. Need to file fresh divorce petition.

Dear Sir,

Now it is matured case for you to file divorce case on the following grounds.

1. Non co-operation for consummation
2. Long time desertion and
3. Irretrievable relationship
4. Cruelty etc..

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Non-consummation of marriage a ground for divorce: apex court.

Mental cruelty can cause more serious injury than physical harm to married woman

Spouses owe rights and duties to each otherBegetting children a principal aim of Hindu marriage

New Delhi: The Supreme Court on Tuesday ruled that non-consummation itself would constitute mental and physical cruelty to a married woman and would be a ground for divorce under the Hindu Marriage Act (HMA) 1955. Granting divorce to a woman, a Bench consisting of Justices Ruma Pal and A.R. Lakshmanan said: ``Spouses owe rights and duties to each other and in their relationship they must act reasonably."

1. For desertion to apply, two years should have been completed on the date of the filing of the Petition. The rest of the grounds mentioned by you also do not justify grant of Divorce and your Petition was rightly dismissed.  How does non-disclosure of age amount to cruelty? It may amount to fraud and misrepresentation but not cruelty.  Also desertion is not just about two years.  You should be able to prove that her desertion was wilful and deliberate. Not advisable to file review as it would meet the same fate in my opinion. 

2. Yes she can, if she is unable to maintain herself, but you can always challenge the maintainability of the same if it is on the same facts as DV. 

3. there have been cases where women have attempted to file 498a after years but you may always seek to quash the same on limitation. 

4 & 5. RCR is certainly not advisable at this stage and dismissal will not help you but rather go against you. i would advise you to wait for sometime and then file a fresh Petition for Divorce on fresh grounds.     

Sir, please file fresh divorce case on desertion, non cohabitation and cruelty.

She can file cases against you buy her fresh cases at this time shall be weak.

Dear Client,

Separation during dependency of divorce is not desertion. You can file fresh divorce petition now raising ground of desertion as she never tried to reconciliation during pendency of petition.

File review in HC as no finding given on desertion point.

Maintenance can be demand any time. DV order will consider by court while ordering u/s 125 CrPC.

Sec 498a can be file.

Hi,

You may file fresh divorce case on fresh ground also. Better don't go for RCR at this stage and go for divorce on the grounds of desertion and cruelty and go without hiding the facts or previous petition. Though she may file any case, but proving of case is more important than filing of it. She may not succeed in many of the cases. 

if you go for RCR and she showed her willingness to rejoin you, what will be your stand? however, her refusal will be your ground for seeking a divorce. 

Divorce Petition filed by you was not on proper grounds, Now, you are advised to file another divorce petition on new ground 

1. Yes it has be filed before the family court of appropriate jurisdiction.

  2. The period of desertion shall be counted from the period your wife left you, it shall add during the pendency also.

3.You need to file divorce based on fact circumstances and evidence on ground of cruelty and desertion. that there is no relation between your wife and you emotional physical,

You can file fresh petition for divorce on grounds of mental cruelty and desertion 

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

3) wife refusing to stay with husband for continuous period of 2 years amounts to desertion 

1. As per the information mentioned in the present query, makes it clear that you have been thinking to file it again in the ground of completion of 2 years now, but this won’t be allowed as it is barred barred by ye principal of resjudicata in law.
2. Now she can’t claim the maintenance under 125 of Cr. P. C. as no one can get the amount from two different orders for one specific need/ protection in family matters.
3. You are having the option to approach the appellate court for getting your case succeeded.
4. And the ground on which you need to focus is the “cruelity” though it has been rejected by lower court as well as by the High Court, but you will have to put your case in a manner to prove that there was cruelity on you by going though the all papers or proofs given by you and argued at the lower level.
5. And let me tell you that cruelity May be of different types for the husband also in matrimonial disputes.

1. Fresh case on Same ground will not be entertained if you have any other ground you can file the same

2.If she has already deserted you then no need to wait if not then you need to wait.

3.Yes.

4. Fresh divorce only through desertion but it is difficult that court will entertain.

She never intended to reconciliation during pendency of suit and same shall be consider as desertion period. Abandonment

1. yes, you can file

2. time will count from 18.08.2013

3. other grounds depends on actual facts, which one can get from (petition, WS, Evidences, Court Judgement etc.

- If, a Petition which is dismissed cannot be filed again, specially on the same cause of action.

- If, the Petition was withdrawn by the parties, then it can be filed  on the same ground on the liberty taken by the     court.

- However, you can file afresh divorce petitoin on the ground , which you have not taken earlier.

- Desertion should be 

- You can take advantage of divorce on the ground of desertion , if the separation peiod is minimum two years     but one sided it is difficult to prove , if wife is denying the same.

- Yes, If, you are going to file afresh on the new grounds for divorce, even , the separation will be counted from the date of separation from the matrimonial home.

- If, you are not interested to continue with her , then you should not file RCR.

The following are the grounds for divorce : -

1.Adultery

2.Cruelty

3.Desertion

4.Conversion 

5.Mental Disorder 

6.Leprosy 

7.Venereal Disease 

8.Renunciation 

9.No Resumption of Co-habitation 

1. The findings of trial court and the appellate court for dismissing the case is justified because the 2 years clause for desertion was not completed s on the date of filing the divorce petition.

Alternately you can compromise with her and file a mutual consent divorce at this stage.

2. She can file 125 cr,p.c. maintenance case, however the DV case if filed now may not be maintainable since it can be treated as an after thought.

3. You can argue in the trial court that it is barred by limitation and also an after thought filed with an intention to avenge you.

4. You may file RCR and get an exparte order, wait for one year and then file a divorce petition on the same grounds.

5. You can compromise with her and file MCD

Since the divorce case filed on the grounds of desertion and cruelty ws dismissed you may not be able to file a fresh case on the same grounds 

You may have to look for fresh grounds or MCD