• Divorce needed


Its been 8 months I have married. First four months my wife is here at my home and from last 4 four months she is at her house. 4 months back she left to her home after a argument, she packed her and mine bags saying that we need to live separately and I need to leave my mom whines living with me from last 5 years after father passed away. She will be on bed and 24/7 observation needed. 

I said it can't happen and next morning she left to home with her uncle.

From the first day she was too arrogant and fighting with me. She always get into a fight for unnecessary where I kept quiet, but when she said to leave mom I said it can't happen. Then she left and we didn't hear for 3 months in spam of 3 months my mother called to her uncle saying what happen and why she is not coming every time he said we will have discussion in next two days and we will not hear from them. 

At last we went to his uncle home to take clarity, on that day he directly said we will go our separate ways that she don't want to come there. Hence we will take divorce. Where we are shocked and asked why they keep insisting the same and asked for huge amount of money in millions where at the time of marriage I didn't took any money and they only kept gold to their daughter. 

I need to know few ans

1) shall I send a divorce notice to her before completing 1 year? 

2) 20 people from both sides sat and discuss and output is also same. When we called 3 days back no response from them. Shall I send a legal notice for divorce? 

3) she said I don't want to go and I need divorce. I tried 3 times to get her back. No use. Then I said I will give the same amount of gold that is best I can do? Is it right? 

4) they are spreading very badly about me so I decided to get divorce and what it is the quick way rondo that? How much time it will take to get divorce? 

5) I can't trust them, so if i take anticipatory bail and can that be used in any unforeseen circumstances? 

Please help.
Asked 2 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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19 Answers

1. See you can send a notice stating that your wife left without any reason without telling also their was no dowry from your side she apse demand that you leave your mother than only she will come back otherwise she need divorce and money , you may state in notice asking your wife to rejoin you or take mutual divorce without any alimony .

2. Also incorporate the details of meeting which initiated by your family to bring her back.

3  see the gold she brought from her mom side is her property and you may return if anything given to you. 

4. Best way to go is mutual divorce.

5. In case any complaint is their you may file for anticipatory bail.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Hence, legally your wife cannot refuse to live with your mother, especially when she is old aged, and further you are also duty bound to provide the maintenance and care to your mother as per law, and further at the time of granting of maintenance, court also looks the burden of parents as well.

- If she is not interested to live with, then try to take her consent for mutual divorce, but one year separation is mandatory for mutual divorce. 

1. Yes, there is no limitation for sending notice and filing a divorce case . 

2. Yes, because you have given her chance for reconciliation. 

3. Yes

4. Only mutual divorce will take short time 

5. If there is no apprehension from the police , then court will not grant you anticipatory bail. 


Good luck and dont forget to rating Positively .

You can connect me via kaanoon.com 

Mohammed Shahzad
Advocate, Delhi
10835 Answers
136 Consultations

5.0 on 5.0

Send emails to wife to return to her matrimonial home 


2) if she fails to return file for divorce on expiry of one year of marriage 


3) no need to send legal notice for divorce 


4) contested divorce proceedings take 5 years to be disposed of 


5) mutual consent divorce 6 months 


6) you can file for anticipatory bail only after registration of FIR against you 

Ajay Sethi
Advocate, Mumbai
90341 Answers
6612 Consultations

5.0 on 5.0

1. To file a suit for divorce sending of notice is neither necessary nor expedient. 

2. Same as above. 

3. The marriage is not working though I would advise to keep trying for another 4 months after which you can apply for mutual divorce. 

4. If she agrees then after 1 year of marriage then only both of you can apply for mutual divorce which takes 6 months of time. 

5. Unless and until FIR is registered you can not apply for anticipatory bail. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
424 Consultations

5.0 on 5.0

As per Hindu Marriage Act 1955,from the day of marriage till last day of one year completed by both of you, No divorce petition by any means or provisions. 

Please wait for the completion of one year then send notice.

No need to take Anticipatory Bail under family disputes regarding cruelty and Adultry. 

Adultry does not exist because Supreme Court of India has passed order that 497 I PC is unconstitutional. 

No need to worry if 498 A of IPC is applied against you because the moment wife files FIR against you and your mother, Police will have to give you notice,  in writing expressly, demanding your presence before them.My advice to you is that do not attend Police officers after receiving notice from them instead of approach an Advocate and apply for the Anticipatory Bail before Sessions Court. 

Therefore stay calm and quiet until summons, notice comes to or one year is over.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Legal notice is not required, after completing 1 year you can file a divorce case. 

2. Legal notice will have no effect. As it is not a procedural thing in divorce cases. 

3. Yes..

4. Mutual consent divorce will take about 1.5 months and a contested divorce case will take arpund 2 3 4 years.

5. Anticipatory bail can be taken only after they file any FIR


Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0


Let the couple either opt for contested divorce or mutual consent divorce. You can send a legal notice for initiating Divorce.

1.  Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

 2.  In the joint petition to be filed by both husband and wife for dissolution of their marriage (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3.  The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.


Shashidhar S. Sastry
Advocate, Bangalore
4549 Answers
266 Consultations

5.0 on 5.0

1. There is no bar. Bar is on filing divorce within one year of marriage; and not on sending  a notice for divorce.

2. Yes. Send a detailed notice mentioning all her aspects of cruelty. 

3. Can take some time. Depends how keenly they contest it. If the wife forces and exerts pressure on the husband to live separate from his old aged parents or from the joint family without any reasonable excuse/ground, the same amounts to cruelty.

4. Pls do! At any time she files any false and fabricated you after you make the first move of filing a divorce; you will be given benefit in sense that her cases will be treated as a counterblast. 

Vibhanshu Srivastava
Advocate, Lucknow
9445 Answers
263 Consultations

5.0 on 5.0

Dear sir,

Within a span of time you cannot go for a divorce as per law instead insuggest you to file a suit for restitution of conjugal rights to come leave you as you dont want to divorce her first and foremost you file this suit ; please donf send divorce notice instead file a suit for RCR and you can file a suit and get anticipatory bail against you if you have a doubt that they may illegal drop you into some offence to safe guards yourself you can get the bail!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

You can apply for Mutual Consent Divorce or take court divorce if still she doe not listen to you. 

Ganesh Kadam
Advocate, Pune
12669 Answers
211 Consultations

4.9 on 5.0

You can send notice but can file only after one year of separation. 

Yes you can. 

It may take time for contested divorce. 

Yes if fir filed take ABA

Prashant Nayak
Advocate, Mumbai
28979 Answers
109 Consultations

4.1 on 5.0

Dear Sir,

The anticipatory bail is to be taken when there is a criminal case registered against you and not before that. Also, if she is willing, it is better to go for the mutual consent divorce with the conditions that all the disputes are settled and she will claim/file any case in future. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. You cannot file a divorce case within one year of marriage, however you can send a legal notice to her instructing her to return to the matrimonial home as she had left the same on so and so date without any valid reason,failing which you can inform her that you would be constrained to go ahead with the legal case on this.

2. You can follow the process as stated above.

3. If she says or insists on divorce then ask her to file the divorce case if possible by her.

4. You have to wait for the completion of one year from the date of marriage to file the divorce case, hence nothing can be done now.

5. You cannot obtain anticipatory bail without a FIR pending agaisnt you, hence you watch the developments in order to take the proposed preventive actions.

T Kalaiselvan
Advocate, Vellore
80511 Answers
1729 Consultations

5.0 on 5.0

The case for anticipatory bail hasn't arise.You have not committed any crime. This is a family matter not even gone to court. 

1.1st u should send a notice to your wife thru a lawyer mentioning that she has left d home without any logical reason. Also mention in d notice that she is doing mental cruelty on you for asking u to leave your old mother and harrassing u for giving divorce and asking heavy maintenance from you. 

Mention to her that if she dosent come back on her own the u will file a petition of restitution of conjugal rights  section 9 under Hindi marriage act. 

2. If she doesn't reply to ur notice then file a case uner sec 9 in the court. The notice will play an important role to prove her ill deeds. Do it thru a lawyer. If a case of divorce rises this will make your case strong & save u from paying maintenance. 

Sital Patil
Advocate, Kota
139 Answers

Not rated

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.

Mohammed Mujeeb
Advocate, Hyderabad
19279 Answers
32 Consultations

4.7 on 5.0

Dear sir,

1. As of now it is a little pre-mature to issue a notice for divorce or initiate any legal proceedings. 

2. Think smartly. Use these 4 months to collect all evidences against her. And protect yourself from any possible allegations.Record all these meeting and conversations. Save all the chats, photos, medical reports, etc. Install a CCTV in the common area/gate of your house. In such cases the wife makes a fictional story before filing a complaint that she was beaten and thrown out of the house. DO NOT ADMIT ANYTHING that goes against you. Remember, whatever you say or do might be read in courts tomorrow. 

3. After one year, she might not agree for mutual divorce and try to extract money. She might also file false cases against you. All these evidences will come handy at that time.

4. Mutual consent divorce will take just 6 months, Contested divorce can take 3-5 years easily. 

5. Do not go for anticipatory bail right now. It's not the right time yet. Do not worry, these days police does not arrest immediately unless there is some strong reason such as proven physical cruelty, life threat to wife, possibility of escaping etc. 


Hope this answer is of some help.

Best wishes. 


Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. No need to send her divorce notice as it will trigger them to file false cases against you and your mother. 

2. Legal notice for divorce will not benefit you in this case. 

3. Yes you are right no need to bow down to their demands.

4. The quickest way to get divorce is mutual consent divorce for which you may have to pay high alimony as demanded by your wife or negotiations between both of you. 

5. Anticipatory bail is not needed at this moment because police will not go for arrest directly and will send you notice for appearance before IO. 


Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Before 1 year you cannot file for divorce. Therefore wait for 1 year to pass.

After 1 year.

You should file a s.9 application against her. She will have no explanation why she doesn't want to return. That wil help you in giving her divorce.

Wait for them to file an fir. Don't panic. You cannot be arrested.

Rahul Mishra
Advocate, Lucknow
13966 Answers
65 Consultations

5.0 on 5.0

Call me

Mahesh Patel
Advocate, Warangal
9 Answers
2 Consultations

Not rated

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