Wife not coming back form her home
sravankumar
(Querist) 25 October 2012
This query is : Resolved
Sir
i married 3 feb, 2012.now my wife and me staying separately.she is in her home.from feb 2012 to till date now hardly we staying/meet approximately total 50 days ( in different spans).Now one month ago serious discussion on topic wife coming back form her home.finally her per parents and she also not agreed to stay along with me in different state. From that they day we are living separately(one month) and communication with her. Their family members not interested to solve the issue now and told that matter will discuss after six months. lost time i met her on date 20/09/2012. Also gave threatening calls that they will file false case on me and my family members.
now my questions are
1 when will approach for mutual consent divorce.?
2.if they are file 498a and DV against on me and family members what is suppose to do ?
plz suggest me
Kiran Kumar
(Expert) 25 October 2012
its not a stage where you can file a divorce petition.
however, at the moment better you file an application/ petition under S.9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights if you really want to save yourself from 498-A etc.
any complacency on your part will put you in discomfort.
Sudhir Kumar, Advocate
(Expert) 25 October 2012
but remember filingof RCR case is generally provocation for filing DV and 4498a case.
ajay sethi
(Expert) 25 October 2012
you better contact a local lawyer . plan your strategy . send her emails requesting her to come back
