Wife not stayed with me
kankit kumar
(Querist) 31 December 2016
This query is : Resolved
Dear experts
i was marry in 2010 in 2011 my wife gone to her parents and since then she has not came back. i had tried to convince her to come back with me but she is not ready finally she said i don't want to live with you. Now neither she is not coming nor giving divorce to me. please suggest me what to do in this scenario?
regds
Kankit
adv.bharat @ PUNE
(Expert) 31 December 2016
Give her legal notice through lawyer for restitution of conjugal right u/s 13b of Hindu marriage act.
Wait till one month if she don't come then u can file divorce on ground of cruelty.
Will u appreciate this answer by giving like on my LCI profile?
Rajkumar Tiwari
(Expert) 31 December 2016
Remedies is available to you as follows :
1) If you want to live with her file suit for restitution of conjugal rights.
2) If you decided to give her divorce, then file a petition for Divorce on the ground of desertion.
Consult with local good lawyer.
Rajendra K Goyal
(Expert) 31 December 2016
Try to save marriage, take help of common friends, relatives, society effective people.
RCR filing may attract no. of cases against you ie domestic violence, dowry demand case, maintenance etc.
J K Agrawal
(Expert) 31 December 2016
Dear Mr Bharat.
I like your LCI Profile but I think answer of MR Tiwari is more appropriate.
As far as my knowledge there is no any provision under S 13 B to compel cohabitation. And further no notice is required under any law to file a suit for divorce on ground of cruelty.
I found only one lawyer who seek likes at this site. May be others are already liked. You are not wrong as demanding likes against a legal advice is not restricted here.
Your answers will give you likes automatically.
Ms.Usha Kapoor
(Expert) 01 January 2017
if RECONCILIATION EFFORTS DO NOT WORK, SINCE YOUR WIFE IS NOT AGREEING FOR MCD FILE FOR CONTESTED DIVORCE ON THE GROUND OF DESERTION.
P. Venu
(Expert) 01 January 2017
As a New Year Resolution and in the commitment to maintain the integrity and the high standards of this august forum, I shall much delighted if the learned experts discontinue in seeking accolades.
Rajendra K Goyal
(Expert) 01 January 2017
Happy new Year to all.
Agree with the views expressed by the expert P. Venu.
Ms.Usha Kapoor
(Expert) 02 January 2017
I stick to my yesterdays answer.
kankit kumar
(Querist) 05 January 2017
Dear All,
many thanks for your valuable replies with regard to my query, please suggest if i file for divorce. can she legally demand alimony
regds
kankit
Rajendra K Goyal
(Expert) 05 January 2017
She can demand, court may not allow alimony, court may award maintenance.
Try for mutual consent divorce.
In case of contested divorce, she may initiate criminal cases against you and your family.
kankit kumar
(Querist) 06 January 2017
Sir,
Pls tell me weather wife is legally bound to coorperate with busband. In case if wife doesn't coorperate. Does it falls within the purview of congujal rights
