See at this stage it is better to file for Restitution of Conjugal rights with complete facts before the family court. If she wants to restitute she can come otherwise she may agree for divorce.

Better keep records that you tried enough to resume her but she is not interested and she only deserted you. One year is complete, you can file diovrce now on above grounds, she is not interested in marital life with you and non consummation of marriage. 

See gold ornament given to her in marriage are part of stridhan and you cannot claim same. See in case you file RCR firstly it will protect you of she in future file false case further in case she change her mind then may be your relationship can be resotered and you get time to talk in mediation.

You can go for either RCR or divorce.

You have right to lead a normal peaceful  married life. RCR provision is made in law so as to give remedies to this effect.

You can.apply for divorce on no consummate ground or not living with you. File case under desertion clause against her.

issue her legal notice to retun to her matrimonial home 

2) if she refuses file petition for divorce on grounds of mental cruelty 

3) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

gold given to her at time of marriage constitutes her strdhan 

you cannot claim these gold ornaments

i presume  wife has not taken away your mother gold ornaments 

Dear Sir,

Non consummation of marriage is a good ground for filing a divorce petition in the court of law, your marriage is a valid marriage since it has been done as per the provisions of the Hindu marriage Act and therefore you will be considered married for all purposes. ... There has to be some law is no way out sir.

RCR is restitution of the Conjugal rights , court may order your wife to stay with you but though cannot force.

Fir divorce see if she is not agreeing mutual divorce then you have to file a contested divorce and it may take long time.

RCR is restitution of conjugal rights . it is useless takes 5 years to be disposed of 

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

3) contested divorce cases take 5 years to be disposed of 

You can address a formal letter under Registered Post Ack. Due asking her to come and join you.

Failing which, you can issue notice to her bringing the details of her leaving you.  

Wife denying to join husband will entitled him for divorce for mental cruelty.

RCR is Restitution of Conjugal Rights, by this no one can force the other to act against his / her wish to lead life, as such, better go for Divorce for cruelty.

RCR is restitution of conjugal right.

If you sure she will not come back the file divorce petition.

You cannot re-marry, without giving divorce to you current wife. If you get married again during the subsistence of your first marriage, your second marriage will be void ab initio and thus, illegal. 

The best course for you is to file a petition for restitution of conjugal rights against your wife. 

You can file section 9 RCR  if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 

She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony. 

Try to resolve the issue(s) amicably involving elders/relatives and/or friends. If it do not workout, move petition for mutual consent divorce after thorough discussion with your wife, keeping in mind the life of the little one.

You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living.

Dear Sir,

It is better to go for divorce and get decree.  After that only you can marry again.  Otherwise it is an offence of bigamy.

Bigamy becomes an offence only if the husband or wife is alive. It is an offence even if it is performed with the consent of the first wife. Section 494 of the Indian Penal Code exempts from punishment a second marriage contracted seven years after the absence of the spouse.

Restitution of conjugal rights.

Without divorce, 2nd marriage is invalid.

second marriage would be illegal 

case can be filed against you for bigamy under section 494 of IPC

if wife is earning more than you she is not entitled to maintenance 

She can file case of bigamy on remarriage.  No it won't be legal second marriage shall be void and she can also file criminal case for same 

You should file a rcr application before the family court which will issue summons to her and ask her why is she not living with you.

Regards 

She has to return everything she has taken and you also. These are issues of divorce proceedings and hence once they start you demand them.

An rcr application is one in which the court would summon her and ask her why she is not living with you. In case she does not come it is a ground for divorce.

Regards 

If you get married again this is an offence and you can go to jail for that.

As I told you earlier that on non consummate ground you will get divorce whether she is willing to give or not. After staying you both separately for than 1 year 10 months. Court will decide divorce on this ground. 

Or you can make complaint in police station in women's cell here she will be called and both of you will be held for counseling.

- Wife Living Separately From Husband Without Any Reason Can’t Get Maintenance , and further this is a good ground for getting divorce from the court of law.

- Since, she is not interested to live with you, then you should send her a legal notice to join the matrimonial life.

- If, within 7 days of time , she not respose , then you file a case for Restitution of Conjugal right , on the ground fo the said legal notice.

- If, she will not appear before the court , then you will get ex-parte judgement in your favour within a period of 2 to 3 months , and further she cannot claim maintenance /allimony from you. 

- All the ornaments are stridhan of your wife, because section  27 of the Hindu Marriage Act, makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage.If her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.

- For a quick divorce, you should prepare her for mutual consent divorce. 

Dear Sir,

You need to read the following to enlarge your knowledge in the field.

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FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..

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Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

1. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I  take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

You need to file contested divorce against her and then also counter false cases of 498A, domestic violence if any filed by her

Yes there will be  problem for you and your family, if you get married without obtaining  Divorce from your wife.

Your first  wife can file various cases viz., 498-A, Sec.125, Sec.24, DVC and / or RCR etc.  

To avoid multiplicity of litigation and  complications better, you get divorce from her and think about other option.

Greetings!

You Can file a suit for Restitution of conjugal rights  as per the hindu marriage act once married not suppose to divorce it's an offence and can be punishable.

suggest you to approach counselling centre / mediator and can have counselling by issuing notice to the other party and they appear and sit for a counselling and will get to know each other mindset. If it does not work out then you can file a suit for Conjugal rights..

You should file petition for annulement of marriage on ground of fraud done by your wife and in-laws by concealment of facts and for grabbing money and gold ornaments.

You cannot remmary without divorce or annulment of marriage by decree of nullity

If they are not willing to continue this married life then talk to her and arrange for mutual consent divorce instead of wasting your precious time.

You should understand the fact that if she is not willing to live with you then you cannot force her to live with you and even the law cannot help you in this regard, the law cannot force her to live with you against her willingness.

Therefore when she is ready and willing for divorce and if it is no more possible to live together with her then you may better agree for mutual consent divorce and settle the matter amicably instead of stretching the issue without any meaning or purpose.

If the gold ornaments belong to her or if they have been given as gift to her either by you or someone, then they belong to her as her own property, this is called as stridhan, you cannot claim anything from it.

If she is not willing to give divorce, then you can file a contested divorce on the grounds of cruelty citing non-consummation of marriage also one of the reasons for cruelty.

RCR means restitution of conjugal rights, but if she is not willing to rejoin you then there is no use of filing this case also, because even though you may get a decree in your favor in this case, the court cannot force her to live with you hence this would  be a wastage of time, money and energy. 

You may better file a contested divorce case if the situation is intolerable.

No doubt it will drag on for years  but the more you delay the more you will get frustrated hence decide now about the next course of action.

If you are getting married once again without dissolving your subsisting marriage then you will be considered to have committed an offence of bigamy for which the punishment shall be upto 7 years imprisonment for both and your new wife if anyone files a case for bigamy against you for this.

Hence dont do that mistake and get trapped, better file a contested divorce, get rid of this marriage and then decide about future actions in this regard.