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Love   14 September 2016

Wife is not living with me...

Hi Sir, I got married in July 2016, but my wife is not living with me since very first day even we never made a physical relation. She is very cheap in talking and her family members are not good also, they always tell a lie.

What are the option available for me according to Indian laws and how should i proceed if i have to divorce this lady?

Please tell me the detail procedure and how much time it will take......



Learning

 12 Replies

adv.bharat @ PUNE (Lawyer)     14 September 2016

Love ji life is so unpredicated.

As u can give him notice through the lawyer for restitution of conjugal right . If she dont reply then u need to think of mediation or consultation.

Divorce is extrem stage that you are thiking right now is of no use.

First of all try above measure & if fails then only try for other measures.

If u like my suggesation then give THANK on my profile.

1 Like

Kunuthur Srinivasa Reddy   14 September 2016

I thank on behalf of LOVE, the learned Counsel Mr. Bharat for a clear, crisp and correct advice. In India, men should not rush to divorce since the Judicial System as such, lend unwritten support to women except in very rarest conditions. I suggest for a dialogue between elders from both the sides to gracefully either to bring the couple together or to set them apart in a cordial and friendly environment. There can be humty number of reasons for the woman not to go further in a marital relationship, possibly in the interest of man who married her. 

sai narayana   14 September 2016

First approach through common relatives or friends, if it didn't work out file RCR and on her first appearance itself request the court fo reconciliation instead of insisting on filing the counter.

1 Like

(Guest)

If RCR doesnt work out you may proceed with the divorce. You may contact me if you want to file RCR

Regards,
Rit Arora
Advocate
7838737001

sai narayana   14 September 2016

Marriage in July,2016. So decree of divorce petition not maintainable as the duration of married life falls short of the stipulated minimum period of 1 year.

1 Like

Sachin (N.A)     14 September 2016

Resolve matter amicablly wether living together or divorce because contested divorce cannot be filed befor one year of marriage

1 Like

A walk alone (-)     14 September 2016

It's unbelievable that she never stay with you. If she is not living with you since very first day then how can you say "She is very cheap in talking and her family members are not good also, they always tell a lie "? Anyway, first try to solve matter in four walls. Involve elders or common relative to sort out problem. Organize a family meeting involving both side. At that time between talks just try that your wife and her family say that you and your family never demands dowry or torture her and just record all this. If she agrees for MCD or living with you then go ahead. If not then start collecting evidence against her after one year of marriage file contested divorce . In returns if she file some false case on you, this recording will help you as evidence. MCD is cheaper and takes less time. Contested divorce may take 4-5 years.
1 Like

Love   14 September 2016

I was at her father home for 7 days... it was very difficult time for me to be there... but i thought that perhaps she would calm down.... everytime she abuses me in undignified way... she never respond my phone... even their family members never make a phone call to me... if i call they always tell a lie... her phone comes busy in mid night... later i found two photograph of her with a non relative to her...

Kunuthur Srinivasa Reddy   14 September 2016

The issue appears to be a tip of the ice berg to allege that 'wife is not living with me'. As very rightly pointed out by 'A walk alone', how can 'Love' make such wild allegations against his wife and parents in law without evening allowing settling time? Never move the Court unless you are dragged in by your wife. Remember you are living in India and not abroad. Family litigation creates a hell for you and to your parents and others. Beware.......

A walk alone (-)     14 September 2016

@love, it appears you are hiding some facts. First you say" she never stay with you even from first day" second you say "I was at her father home for 7 days", how can it possible after marriage she never stay at your home? Do you mean after marriage you stay her father home and she never stay in your home? Your own saying are contradictory. Do you never ask her reason for not coming your home ? Nobody abuse without reason. Have you ever try to find out reason? it appears from your threat that you have make up your mind for divorce and you are just searching way of it. With photos you can't prove adultery if you are thinking.

anil   15 September 2016

please share complete facts and story , if you are in noida then might be i can help .

within one year of marriage , divorce is not allowed , better get her history and file for anulment.if you dont have her past history to make your case success then if you want divorce then forget your enjoyment in life for next 4-5 years and start preparing for CAW,Court,498a,406, DV and other acts which might you get soon,initially you will get pain but after that it will become part of life till final court order

non-relative pic might be her previous hubby/BF/Cousin/Friend/classmate etc , so its not a proof to contest.

go again to FIL house and get her and other members phone / Laptop and copy it completey and do a scan of it , Whatsapp/FB/Gmail can give you hint or clues.

You have not mentioned your age . income etc, while running to court this also matters.

if you want to close your relationship , throw money and buy MCD.( still it will take atleast 1-2 years )

so fun for 7 days in FIL house is going to cost 10-20lakhs or 4-5 years of tension or both.

amrit kumar (job)     16 September 2016

love bhai.. apni v same story h.. married 4 month ago..now i am also taking advises what next i can do . because all family talk has failed to solve the issue.


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