You cannot force your wife to stay with you
2) your best option is to file for mutual consent divorce
3) you can issue her legal notice to return to her matrimonial hone and if not agreeable to file for divorce by mutual consent
My wife left to her native home since January. She is not taking any action/decision. What to do?
1. Me and my wife married since November 2017 and it is Love marriage with all fulfillments of all rituals at both sides and we were in relationship from last 5 years and at that time she was doing job in as lecturer in a Private college. 2. And we both were living happy married life till November 2019 as we gone to Thailand for Anniversary trip and at that time she has changed her job from college to Private Event Company as Event Coordinator. 3. In the December 2020, her grandfather expired and she came to my house after done TERVI and all. In the night, she told me that her feelings are over and she further can't live with me. 4. After informing her parents, so they told, we will take her along with us for a week and make her understand. 5. And after she gone to her native home on January 2020 end, she blocked all my mobile numbers and my family numbers and left all family whatsapp groups and removed all family members from her Facebook profile including me and when I do message to her on Whatsapp or normal message, she never gave reply. 6. Her parents never called us and informed about her status after a week and even after a month. 7. And whenever we do the call, they always gave the lame excuse that "she is not telling to us anything to us, might be I has done something wrong with her". 8. Whenever, we do ask about my wife and her excuses, her mom always accuses me of all blames that I had done something wrong with her. 9. After 6 months, my wife called me and instead of her decision, asking about my decision and I simply told her that "I want you back to my life and return to home", but she said "I have no feelings for you and I don't want to return to your home and then she cut the call." 10. Then again her call came, she want her educational certificates and bank passbooks and all and she wants to meet me and clarify all my doubts with her and still she has the same answer and said that she wants DIVORCE and she don't want to live with me ever. And on objecting about DIVORCE word, she has no words to say and just said "Our mentality do not match" 11. On end of September 2020, her call came that she has searched a lawyer and she is ready to take Mutual Divorce and asking me to go and submit my documents to her lawyer and she has already submitted her documents to her and the her lawyer will file the case. And when I asked her that I can't submit the documents prior we both go and discuss about the procedure. She said very arrogantly "I don't want to go with you, I will go separately". So I simply said "I will not go" 12. Then after 1 month, her message came, that she has submitted her documents to her lawyer, please go and submit your documents. But on asking her lawyer, she said, last talk was with me and my wife didn't submit any documents to her to file a case for Mutual divorce". On telling her that u were Lying to me, she said "You were forcing me to return home n she don't want n she has no TRUST.
Asked 3 years ago in Family Law
Religion: Hindu
8 Answers
1. If the marriage has broken down beyond repair then it is always better to go for mutual consent divorce instead of keeping a dead marriage alive on papers.
2. You are free to file a petition for restitution of conjugal rights against her to seek a decree against her to return to her matrimonial home. The court will hold mediation to reconcile both of you.
This marriage is certainly going haywire. So its better to move out of this.
Therefore file petition for mutual divorce and dissolve the marriage amicably.
Thanks all for your responses. But I asked and told her that lets go to Court directly for Mutual Divorce together and will discuss about it with any lawyers over there and thus proceed with the Application for Mutual Divorce further. She is not ready to go together and just saying, go to submit your documents to the lawyer she hired. Then why should I go and submit my Identity documents to anyone. 2. Can anybody explain me abouth the Decree of Conjugal Rights, that on filing, if she will not come again. Then what will be the next step. 3. Any information regarding, ONE SIDE DIVORCE, how it can be taken and proceed and what all things require for that ?
Asked 3 years ago
Contested divorce proceedings take 5 years to be disposed of
2) if wife not agreeable for mutual consent di once you can file for divorce on grounds of mental cruelty
3) if wife does not contest you can get ex parts decree in a year time
4) restitution of conjugal rights petition would take 5 years to be disposed of
5) it is useless as even if you get decree-you cannot force wife to stay with you
1. After passing of one year from the date of RCR decree if she doesn't come back, suit for divorce lies.
2. Nothing. Wait for one year.
3. If one party doesn't appear then only its possible.
You have written a very lengthy post but you have not sought any opinion or suggestion from the lawyers of this forum.
However if you don't want to agree for mutual consent divorce, you can refuse to accept her offer and inform her that you are not interested in getting the proposed mutual consent divorce, let she do anything about it.
If you are not willing to submit your documents to her lawyer, since you know her lawyer's contact number, better you talk to the lawyer directly and look for desired solutions.
2. If you want to live with her legally, you may file a RCR case.
But remember that even if you get the decree in your favor, if she is not willing to join you, then you cannot force her to live with you.
3. You mean exparte divorce?
If she files a contested divorce case and if you remain silent or absent even after receiving the summons, you will be set exparte and the court will decide against you in her favor, this is what is called as exparte divorce.
- If one of d spouse without any valid reason leaves d company of another then he or she can file a case of restitution of conjugal right s under section 9 of hindu marriage. D ct will summon d partners and ask valid reason why she left. If nt satisfied with her answer it will order her to return to her marital home, this will b good enough gorgeous u.
- One sided divorce is only possible if your wife does nt turn up or it is satisfied that she cannot live with u any more.
- Do nt submit d documents to any one as they might nt give to her or she may put false allegations that she has nt received. Ask her to come and take her documents from u and also take in writing from her as a proof that u have returne d same to her.
