- 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.

- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage . 

- If she is not interested to live with you, then try to take her consent for mutual divorce.

- If, she not agrees for mutual divorce, then file a divorce petition on the above mentioned grounds. 

- Since, she has left you, then for your safeguards, you can lodged you complaint before the police and higher official, as an information, after mentioning the details and also for threatening to implicate you in false dowry cases.

1. No, defamation suit not maintainable in the matrimonial matters , specially your facts are not suitable for the same.

2. Yes, as i suggested above. 

If its unconsummated then on this ground you can go for divorce.

If wife refuses to return to her matrimonial home inspite of RCR decree for period of one year you can file for divorce 

don’t file any cheating case 

1. The decree of RCR has nothing to do with cheating or defamation case. So you can file those at any point of time. 

2. Now after the decree you will have to ask her for its compliance.  If for one year since thereafter she doesn't come back then only you can file divorce suit. 

3. Otherwise you need to cite subsequent cause of action to file suit for divorce. 

1. You could have opted for Annulment of , Marriage, due to non-consummation within one year of marriage.

2. You can file for contested divorce, on the ground of fraud played on you.

3. Better to opt for Mutual Consent Divorce, wherein you can save money and time. Moreover in mutual consent divorce, all matters like alimony, maintenance, etc can be resolved amicably.

Yes you may do both at the same time as the 1st is a criminal complaint and the 2nd is a divorce case. You also have a decree of rcr that would help.

After going through your facts of the case, I answer as follows:- 

1- I answer No because I do not find cheating elements or amputation contents in your post against her. Therefore No chance for cheating and defamation case.

2- I answer affirmative for your second question yes, you may go for divorce on the ground of desertion under section 13 of Hindu Marriage Act 1955 against your wife before the Court of Law Family/ Civil Court.

Issue her notice to comply with RCR decree and return to her matrimonial home 

2) if she refuses to return then file for divorce 

3) you can file case of cheating against her but you have to prove allegations made in the complaint 

Per se cheating case does not lie. Defamation will only lie if she has said something incorrect about you to other people which is defamatory in nature. 

And divorce and dissolution of marriage are the same thing. A marriage is dissolved by a decree of divorce. What you are referring to are just different grounds for dissolution of marriage by decree of divorce under section 13. If even after RCR she did not come back, you can get divorce in this ground alone however it is better to mention all grounds in your favour including unconsumated marriage. So basically you can include all grounds in same petition.

No you need not wait now. You can file instantly.

It is understandable that you have gone through such an experience so you might feel vengeful but the best way in this case would be to fight and win your divorce case and make an effort that only meagre or no maintenance is granted since it is her fault and she has voluntarily left you and not returned even after RCR decree.

If you are absolutely inclined to file a case against her apart from the regular proceedings then you may file a tort claim against her and her family on the ground of fraud and deceit since as you have mentioned, she and her father have knowingly stated wrong facts that she wanted to marry you as well as concealed actual facts of her not wanting to marry you and wanting to marry someone else and you believing their version have acted upon it and suffered loss in the form of physical and mental hardship and suffering as well as other form of legal injury and damages. Through this suit you can claim monetary compensation as a relief. Such suits are rare but can be filed under law of torts and are maintainable. But there will be heavy burden of proof upon you to substantiate your allegations.

You don't have to wait now.

 A criminal  complaint can be filed against them for harassment and cheating in marriage.

1. No you don't have to wait anymore. Proceed with annulment. 

2. File a written complaint under 406IPc to the SP of your area

No cheating or defamation case would be maintainable. 

You can file a contested divorce case on the grounds of non consummation of marriage,  desertion,  cruelty and also on the basis of RCR  decree in your possession. 

1. Annulment of marriage case cannot be filed beyond one year of the marriage or from date of marriage. 

2. There's no law to teach them any lesson on this. 

However you can legally take action for getting your marriage dissolved by a decree of divorce through court of law for the said reasons. 

What is distance between your house and house of your wife?

If it is not so far and out of restrictions to move then file divorce petition otherwise wait for another two to three months to get the COVID-19 pandemic situations normalized for Movement and contact with humans and relatives for normal course of action of life.

1. There is no cheating or defamation committed by her.

2. You have got a RCR decree in your favour. If she does not resume cohabitation within a year from the date of passing of decree then it is a ground to file a petition for dissolution of marriage.

Annulment is not made out except if you can prove that she has consummated marriage due to impotency.

Dear Querist

as per the information provided by you, my opinion on your queries are as under:-

1. You cannot file a cheating case against them.

2. No Need to file any Divorce case now.

wait till the expiry of one year of that decree/RCR Decree and then file a divorce case based on that decree under section 13(1A) of Hindu Marriage Act-1955, based on this decree you have to show only that there is no cohabitation between you and her during this one year.

after getting a divorce you may file a civil suit for compensation or damage.

Feel Free to Call

1. Yes, you should wait at least three month from the date of decree passed . 

2. If you having proof of love with someone , and against forced marriage , then you can file a case of defamation against her & her father . 

Dear Sir,

As you have RCR decree with you, better to go for the divorce case. 

1. You can file if the case of the same is made out

2. Yes you can file divorce now

Cheating and Defamation cases are not maintainable. 

you can file Divorce case on the grounds of Not honouring RCR decree. 

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. You cannot file case for cheating and defamation because as per your question no act of defamation was done by your wife or her family. 

2. You can file divorce on ground of dissertion and non consummation of marriage because its been 2 years of marriage and dissolution should have been filed with in one year of marriage.

Wait for the period of limitation to get over and file a case for divorce.