Wife ran off

5 years ago

I got married last year in Dec and this year in July end my wife left for home stating that she leaving for holidays. But once she reached her home we get to know that she planned this to never return. She and her family is stating vague reasons and now after repeated attempt she is refusing to come back. Her mother is just asking for more time but in fact she told my sis that she won't come back ever and don't want to stay. They agree for mutual divorce but doing nothing. Just asking for time. What should I do now? Ca I file for divorce as it's been more than a month she is gone and already confirmed that she won't come back and now I also don't want to stay with such person. Kindly help..

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ROBERT D ROZARIO

Responded 5 years ago

A.as this is a recent marriage you have to wait for completion of a year from the time of your marriage for bringing a case of divorce. Better file a RCR application before the court. If she refuses to resume her conjugal duties, and no sufficient grounds for leaving your home, she is not entitled to get maintenance. Contact a local advocate from Vidhikarya to make ways of not giving her any maintenance and get divorce on the ground of cruelty.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client better way to send legal notice of restitution .If she deny then you can file divorce petition on the ground of desertion.

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Anonymous

Replied 5 years ago

I don't want to stay with her sit... Also, both parties are agreed on mutual divorce. What if I send the divorce notice is there any problems for me? Also, it's not even 1 year of marriage yet...

Pradeep

Responded 5 years ago

A.First give notice of desertion to wife's address for not cohabitation with you and see the reply of it.

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Prabhakara S K Shetty

Responded 5 years ago

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A.You may have got information that your wife is not asking for alimony but just a seperation. But when a husband files for divorce courts usually award alimony , so don`t rush for a divorce petition in a hurry. as she might change her mind and ask for it in Court, you should tactically make her come forward for filing a mutual consent divorce.

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Anonymous

Replied 5 years ago

Even if she signs that she doesn't want anything and everything is settle? As the talks are done verbally and all settle for mutual divorce without taking anything or asking... Then also if I file mutual divorce court will grant alimony?

Prabhakara S K Shetty

Replied 5 years ago

Not when a mutual consent petition is filed.

Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir Frist you should ask your wife about it . Try to solve amaicably. If not solve then file .RCR petition then divorce petition.

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Sanjay Kumar Jha

Responded 5 years ago

A.Dear client, if you are confirm, she would not come back or delaying through family members, you should issue notice through Advocate regarding your interest, wait for reply, and then opt for Divorce . For further advice in detail contact advocate herewith

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Adv Avdhesh Chaudhary

Responded 5 years ago

A.Dear client, in this case u may file a petition under section 9of Hindu marriage act. In that petition things will be decided regarding ur future coarse of action. For more brief u may call me by getting my contact details from this legal site.

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Siddharth Singh

Responded 5 years ago

A.Yes you can file case as You can file the divorce petition on the ground of desertion, or if you want to stay with her then you can file case of restitution of conjugal rights.

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Anonymous

Replied 5 years ago

You need to read the problem again.. you missed the key points...

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