File for divorce on grounds of mental cruelty and desertion 

wife refusing to stay with husband for continuous period of 2 years amounts to desertion and is ground for divorce 

Hey, 

Since you are still interested in the matrimonial relationship, you can file in the family court of your jurisdiction a petition for restitution of conjugal rights. You will both be sent to counseling by the court to resolve the issues.

Looks like she is not interested to come and your advocate's notice has only worsened the problem.

In such event you must try to contact her directly and try to woo her back..

if t fails then settle the dispute amicably by way of mutual divorce.

Since feb 2019 she is away from you, only in May 2020 you sent her notice  asking her to come back. If you are interested in her why there was just one notice in 2 years. Why you did not go to her place and bring her. Unless you meet and ascertain the reason you will not know why she is not ready to come, or may be you know the reason. Go to her and talk to her only then you can take any action.

You have two options before you:

1. If you are really interested to live together with her then you can file a RCR case against her  but even after you getting a decree in your favor in this case, if she is not willing to rejoin you then you cannot do anything about it legally hence this would become a waste exercise.

2. You can file a divorce case on the grounds of cruelty and desertion.

If you get a decree in your favor then you can remarry another woman and lead a happy married life with the new wife. 

Dear Sir,

In case you want to apply for divorce, you may under the ground of desertion under Hindu Marriage Act.

In case you do not want divorce, you may apply for restitution of conjugal rights under Hindu Marriage Act

Also try out of court settlement, through mediation.

Thank you,

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- As per Supreme Court judgment, 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.

Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further, if the separation is more than 2 years period, then even without a reason, is a ground for a Divorce decree.

- Hence, you can file a divorce petition before the court for getting the Divorce legally, on the ground of long period separation & Cruelty.

- Further, if you want to live with her , then you can file suit for restitution of conjugal rights for directing her to join you. 

- Further, if wife is not living with her husband without a sufficient reasons , then she is not entitled to get maintenance from her husband. 

You can contact me , if further suggestion needed. 

File an application under section 9 of the Hindu marriage act and ask her to come back. If she doesn't or gives false statement before the court tgen file a divorce petition. You cannot do anything in that scenario.

The court may ask for you 2 to go for mediation.

1. Since you have sent the lawyer's notice already and she has not returned you are free to chalk out your further course of action.

2. Petition for restitution of conjugal rights can be filed by you to seek a decree against her to return to her matrimonial home.

-     Don’t know whether you are lucky or unlucky.

Lucky because she not filed any case on you.

Unlucky because she is not giving divorce also.

-     Now If you want her back then you have to file RCR (Restitution of Conjugal Rights) case.

-     Else since now its more than 2 years separation then you can file divorce on ground of desertion and cruelty.

-     Divorce time depends on state.

It can take anywhere between 1 year to 5 years. 

-     If she is doing good as Doctor then no need to pay her any maintenance.

But it depends on both of your income also. 

She dont have right on nay property of yours. 

It would make over 5 years for divorce to be granted 

wife has no rights on your property 

she can claim maintenance only if there is substantial differences in your incomes 

- If she not agree for mutual divorce , and you file a contested divorce then it depends upon the burden of that court , however it may take at least 2 years period specially in the current situation. 

- If she earning more than you , then she cannot claim any maintenance from you , and further she having no right to claim over your property during your lifetime. 

If it is a contested divorce, it may take at least two to three years for disposal.

If you are able to prove before court that she is a professional and earning a handsome income  which is sufficient to sustain her expenses, you can pray to court for rejecting her claim and get her maintenance petition dismissed, but you may have to provide substantial evidences to prove her income.\

In any case she has no rights to claim any share in your property at least not during your lifetime. 

1.Contested divorce can stretch for 2-3 years.

2. Working or no working, she has no share in your property, albeit she has the right to residence in the property.

3. She cannot get maintenance if she is earning sufficiently.

Dear Sir,

1) A contested divorce can take anywhere from 2-5 years. As your case is clear case of voluntary and willful desertion by wife without any reason, the court may grant divorce faster.

2) First send a legal notice to your wife to file a mutual consent divorce petition, if you don't get reply file for contested divorce.

3) Wife won't have any right to your property, but she can seek maintenance if there is a drastic difference between your and her salary.

Thank you

Dear Sir

Contested divorce goes for 2 to 3 years in family court and another 2 years in High court.  instead of that you may try for mutual consent divorce and get it immediately.