Not compulsory. Wife cannot be force to live with husband. So filing sec 9 will sere no purpose except defense that you are willing to call her and she herself has left you.

Can file for divorce any time after withdrawing sec 9 or after sending legal notice, if she dose not come.

Dear Sir,

Sending notice under section 9 of Hindu Marriage means that you are willing and ready to keep your wife with you and ready to forgive all her faults and blunders. But that does not mean that you should file the case of restitution of conjugal rights under section 9 of Hindu Marriage Act because if it comes out from the behaviour of the wife after sending the said notice that she is causing more cruelty or the restitution not feasible/possible, the case can be filed of divorce directly.   

it is not necessary that you should file petition for RCR under section 9 of HMA after giving her legal notice 

2) fi wife does not attend court or engage a lawyer you would get exparte  decree 

3)if you don’t want to stay with wife file petition for divorce 

Yes, after service of notice under section 9 of H M Act 1955 if wife doesn't come your home then you have to file application before Court for Restitution Of Conjugal Right with your wife.

There are almost 13 grounds of divorce available to both husband and wife. 

You may go for desertion under section 13 ( A) of H M Act 1955 which suits to the facts of your case as has been shown and cited in the present post .

If she is not ready to come live with you in matrimonial home, then after 6 months you can apply for Divorce in the same court.

Dear sir,

After filing of RCR you have run a vase and wait until the judgment pass if she wont attend the hearing after passing of the order you can then file divorce petition!!

File for divorce if wife refuses to stay with you 

RCR is useless. You cannot force wife to stay with you 

You can file either divorce or RCR if she dose not come. RCR is safe.

Sir,

You have issued notice wait for the response within 15 days of notice you have to get reply if no response then again serve one more notice and again one more so totally 3 notice and keep the shara with you carefully as it holds an evidence thereafter you can file a suit for restitution of conjugal rights under section 9 of hindu marriage act 1955; if required further you can have phone consultation through kanoon!!

Dear Sir,

It's all your willingness and call of heart because the matter is based on relation and it can't be decided by other person and you are the best judge. So, if you wish that you have to stay with your wife, you may file the case of restitution and if you wish that you can't live with your wife, you may file the case of divorce. 

There is judicial separation if you  both not want to go for second marriage. If any one of you want to go for second marriage then need to perform Divorce or MCD.

Pl go for consultation. 

- Under the Section 9 of the Hindu Marriage Act , there is provision for the restitution of conjugal rights, according to which, if either of the spouses withdraws themselves from the society of the other, without reasonable excuse, the other party which is aggrieved has a legal right of filing a petition demanding for the restitution of conjugal rights. 

- Hence, section 9 is filed for getting order from the court to live together. 

- If you want to live with her , after sending her notice , you should file the section 9 for getting order , that court should direct her to join the matrimonial life with you. 

- Sine, you have send her a notice under section 9 , then on that notice you cannot file a divorce petition . 

- Further, if you dont want to live her , then dont file RCR , and file a divorce petition directly. 

To file RCR suit neither giving notice is mandatory nor there is any time limit to file suit after such notice is given. 

If within 1 year from the date of her RCR decree you can file suit for divorce. 

1. See if wife after notice is not willing to come back you may file petiton for RCR or you may also file divorce petition in court in ground of cruelty and desertion.

In case of RCR after order you have to wait for 2 years if she is not coming back you may file divorce in ground of desertion.

See if she is not willing you can file divorce also directly before the court.

If she’s hasn’t come back to you despite the RCR notice, approach the court with a RCR(section 9) petition. You have to take a call as to you want to be in this marriage. If your answer is yes, File a petition for restitution of conjugal rights or else prefer a divorce petition 

If you want her back, file a RCR petition without wasting any further time

You can directly go for divorce if you have sufficient ground for the same.

RCR is not much effective 

You need to file separate case of RCR before family court if you want her back

It is not necessary to file case under Sec.9, once she does not respond to notice, you can straight away file for Divorce.

You can wait for one month after service of notice on her, then file for divorce, but make sure that you have proofs to support your case.

Even if RCR is decreed no one can force her to lead matrimonial life with you, as such, you can file for divorce under sec.13 with substantial proofs to support your case.

There is no safety root, she may file false cases on you. 

If any such thing happens, you take bail followed by getting it quashed. 

It is not necessary that you have to file a RCR case after issuing this notice. 

You can straightaway file a divorce case if there's no response from her for legal notice. 

If you do not want to continue this marriage with her anymore,  then you can file a contested divorce case on the grounds of cruelty after she not responding to your legal notice. 

You need not have to file RCR case and then file the divorce case. 

You can seek divorce under section 13 of the HMA,1955.

After One year You can file divorce on the grounds of not honouring RcR decree 

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. . 

1. No it is not necessary to file petition after sending notice under section 9 Hindu Marriage act but it will be better if you file petition after sending notice if your wife refuse to join you back. 

2. You can file divorce at anytime after decision of RCR petition or you can also withdraw your petition under section 9 and file divorce.

1

If she doesn't reply then it is clear that she is staying away without any reasons and hence youbmay file a divorce petition against her on these grounds.

First file rcr under section 9. Let the court pass a favourable order then file a divorce petition.

1. It is your choice whether you want to file the petition under Section 9 after serving a notice to her. Not at all compulsory.

2. Failure to obey the decree of RCR within a year from the passing of it is a ground for divorce in favour of petitioner.