Can I filed a judicial separation or a divorce


My marriage date was 04/12/2017. After few days of marriage my wife was often to like to stay her father's house.Maximum time she likes to stay there.When I was tried to return her to my house many time she refused. Her father insult me and my family various times. 6 th July,2018 my wife leave my house without any information to me or my parents.Till the date she stay her father's house and demanding money from me. She took all her gold ornaments given to her from her parents and from my house. She also took all her clothes from my house ,not a single thing is in my house. She is harassing me continuously by called to the police station. Now what can I do. Can I file a judicial separation or a divorce.

Answers (2)


66 votes

In my opinion at first you can file a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights and then you can file divorce petition.
For mutual consent divorce and contested divorce both the parties required to wait one year from the date of marriage.
And without detail discussion proper consult is not possible.


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57 votes

Please note that whatever she received as gift in her marriage are her own property and you cannot raise any issue from it. This also apply with her clothing too! Before making any legal recourse, please drop her a Advocate's Legal notice to return back to you within a specifying date following you may process for filing either JS or Divorce. The basic difference between Judicial Separation and divorce is that divorce brings the marriage to an end whereas judicial separation does not. Now you have to decide as per the circumstances and other factors which one is preferable. At one shot no one can tell you, please understand this!

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