1) file petition under section 9 of HMA for restitution of conjugal rights
2) please note that even if you obtain a decree for RCR you cannot force your wife to stay with you
Divorce
My wife staying away from me since 2 years.my marriage was done on 2013.and after that she stayed with me for 2 years.her motive was to separate me from my parents.i denied.she is staying with her parents.i want my wife back.what are the legal action should I took to get my wife back?
Asked 8 years ago in Family Law
Religion: Hindu
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5 Answers
If I want divorce.what are the possibility to get divorce as earliest as possible?
Asked 8 years ago
1. You can not bring back your wife on your won terms unless she wants.
2.You can file suit for restitution of conjugal rights but that does not ensure reunion with your wife.
3. Talk to your wife , try to resolve the dispute amicably. This alone will restore your marriage.
4. Think of divorce only as a last option.
You first issue a legal notice advising her to return to her matrimonial home without any further delay.
If she is not responding or not complying with your advise, you my file a case for restitution of conjugal rights under section 9 of Hindu marriage act.
You first issue a legal notice advising her to return to her matrimonial home without any further delay.
If she is not responding or not willing to accept your request, you my file a case for restitution of conjugal rights under section 9 of Hindu marriage act.
If I want divorce.what are the possibility to get divorce as earliest as possible?
If you are planning to divorce her, you may file a petition for divorce on the grounds of mental cruelty and desertion.
You cannot get divorce so soon if she is contesting your case, if she remains absent from the trial proceedings you may get an exparte divorce which will happen very fast.