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Regardign Divorce

(Querist) 05 May 2009 This query is : Resolved 
My client married on 22/04/06, having a son 14 months.

Now the person wants divorce wheresas he told me that the wife is frequwntly visited her parents house and stayed there near about 2-3 months, The wife is not ready for divorce. therefore, the wife resides in her parents house ner about 25-26 months.

What to do under such circumstances. Under what ground the divorce petiton is filed Pls case law
n.k.sarin (Expert) 05 May 2009
Mr. chetan,your query is incomplete hence not possible to give appropriate advise.Must quote the religion of the party.
Y V Vishweshwar Rao (Expert) 06 May 2009
it is better to try for amicable Settlemetn , if not settled ,issue a Notice for RCR, the matter is not settled ,you can file a case in the Court ,
Ashey (Expert) 06 May 2009
agree with Mr. Rao .. opting for restitution of conjugal rights is apt
ESTHERPRIYA (Expert) 06 May 2009
Try to make out a settlement between them because there must be some circumstances which makes the wife to settle with her parental home. If she intentionally does the mistake then file RCR petition. If she is not willing to live then you have automatically made a case for divorce.
Uma parameswaran (Expert) 06 May 2009
IF wife is not ready for Divorce then there must have some valid reason for her stay with her parents than with your client. Under this circumstance it is better to take your client to a family counsellor and make them to live together.
adv. rajeev ( rajoo ) (Expert) 07 May 2009
No grounds to file a divorce petition.
SANJAY DIXIT (Expert) 26 May 2009
If wife is not coming back for more than two years and deserted your client without any reasonable cause, your client may move for divorce case on the ground of desertion.


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