• Suggestion for Divorce

My wife have deserted me last year and since then i Have been trying to convince her to return back. But all my efforts failed. My wife says that I need to convince her patents,if i really what her back. and if her parents says then only she will come. On the other hand her parents says that its her daughter's decision and they do not have anything to say. (One more thing that my mother in law once said that I should leave my widow mother if i want my wife back- which is nighter desirable nor acceptable to me) 
Even after one year I said that if she doesn't want to come the we should go for mutual divorce. But there were no concrete reply from her side. 
Now her father saying that nighter we will give divorce nor will send her daughter. 

Now i am very confused... What should i do.. should i file a divorce???
Asked 7 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
Dear Querist
Issue a legal notice,  and if she is ready to return back and live with you without any condition and you are also willing to live with her then ok.
Otherwise, after comoletion of notice period, file a divorce case based on cruelty under section 13(1)(ia) of Hindu Marriage Act.


Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1) file for divorce on grounds of mental cruelty

2) refusal to stay with husband amounts to mental cruelty 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
HI 
First file a restitution of conjugal rights petition in the court. 
It looks like both your wife and her parents are playing ping pong on your life. 
Legally your wife is wedded to you and she should co-habit with you failing which she is failing in her marital duty. 
since you are already separated for about an year, your wife cannot file Domestic violence or Dowry cases now on you and your family. 
Go ahead and file for restitution of conjugal rights(which means you communicate your intention to resume marital life with your wife). if she comes well and good. Or else, RCR proceedings by itself will convert in to a DIVORCE. without any fault being laid at your door step. 
hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
You are free to file for divorce on the ground of cruelty if you want to end the marriage, and your wife is not ready to be on board for this. Needless to add, she may contest the case in defence
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Dear Concerned, If you have completed exactly one year or more when your wife deserted you go ahead and file for a divorce and be mentally prepared that as soon as you file divorce
a) your wife might come back.
b) Your wife might retaliate by filing domestic violence and other such cases.


For further discussions you may feel free to contact us.
Atulay Nehra
Advocate, Noida
423 Answers
15 Consultations
4.7 on 5.0
If all your efforts to reconcile the differences between you both failed and she is not responding to your requests, adamantly refuses to return to the matrimonial fold and keeps giving one or the other lame excuse for return, as a last chance to her, you may issue a legal notice to her to return to the matrimonial fold with a time stipulated in the notice, failing which you may proceed with a divorce case on the grounds of cruelty and desertion.
Let she contest or plead to come back to you, the matter can be decided accordingly.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1) you can file for divorce on grounds of mental cruelty

2) refusal to stay with husband amounts to mental cruelty 

3) constantly abusing husband amounts to mental cruelty 

4) you can file for divorce on expiry of one year from date of marriage 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
If you can wait for two years after she abandoned her matrimonial home, you can file divorce petition on the grounds of mental cruelty and desertion.
Before that you may send her a legal notice asking her to either return to the matrimonial home or if she is not willing to continue the marriage, then she may give her consent for mutual divorce.  Without fail mention the date she let your company so that it will prove as an evidence to plead that she had been living out of your company from that date. 
The procedure for filing the divorce case and the fee and other issues will be explained in detail by the advocate who you plan to engage.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Cruelty can be physical or mental under HMA. The procedure begins by engaging a lawyer to file a petition for dissolution of marriage. It will take around 2-3 years. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

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