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)

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.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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!

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Divorce Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Articles

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

My younger brother was married to a girl in our caste …before 2.5 years Once we get a call from a police station that the father in law of my y…

Read More

How long it takes to take divorce and fix the alimony and child custody?…

Read More

A Decree of divorce is granted by PSJ during 10th Dec 2016 under Desertion & Cruelty sections. That is, I filed a Divorce. The respondent filed a …

Read More

My husband abusive and short tempered, he misbehave with me. It's 5years of marriage now. I have a baby to. His family is also not good, my mother…

Read More

Talk to a lawyer for your legal issue