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Wife is not answering my calls living separately since 2 years
24-Sep-2023 (In Divorce Law)
I am Hindu. My wife gave a divorce notice and left the house for the first time in USA on 25th June 2012. She came back home after a month on requesting and withdrew the case later. We came back to India permanently in July 2013. She again left the house for the second time on 1st Feb 2014. No clarity on the issue from her side so far. I was insulted when I went to her place for discussion on the issue. She don't want to come for open discussion but of course, ready to come back home if no questions asked, which I don't prefer. It's been more than 2.5 years since she left the house second time. I want to close the issue through a healthy discussion irrespective of the final result whether it is patch up or break up. I have been inviting her for discussion via phone call and email but no response. I approached her sister and friend via phone call but no use. Please let me know my options.
You may send her a notice now. But if you really want her back file a petition for restitution of conjugal rights. The court may forward your matter for mediation where you can have an open discussion with your wife and family re all the issues you have.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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File a case for divorce on ground of desertion, and if she appears in the case you can try to settle it out with help of conciliators or her advocate, if she does not appear then you will get a exparte divorce so go ahead and file divorce case.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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Dear Querist,
Since it is 2 years after u r wife has left home it is better for u to go for divorce on the grounds of cruelty. Certainly, she will come to court after getting the summons from the court. Initially, the case will b sent to mediation, there u can talk to her and put u r mind out, if both of u agree to part ways the mediator prepares the terms of separation and the matter is sent to court for dissolution of marriage. On the other hand, if the wife wants to contest the case then after leading evidence and arguing the matter the court decides to dissolve the marriage or dismiss the case.
Pratap, Adv
Since it is 2 years after u r wife has left home it is better for u to go for divorce on the grounds of cruelty. Certainly, she will come to court after getting the summons from the court. Initially, the case will b sent to mediation, there u can talk to her and put u r mind out, if both of u agree to part ways the mediator prepares the terms of separation and the matter is sent to court for dissolution of marriage. On the other hand, if the wife wants to contest the case then after leading evidence and arguing the matter the court decides to dissolve the marriage or dismiss the case.
Pratap, Adv
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Adv. Pratap Kumar
Bangalore | 200+ Answers
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