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Couple not living together, wife not coming back not giving divorce, what to do?


03-Jun-2024 (In Divorce Law)
Sir We married in 2005, from starting inwards problems 2children are there. In 2012 she finally planned and escaped from house vacated with all furniture and gone their house and called me not come to her. Till now we trying but she is not acceptable to be with me or give divorce. I'm suffering a lot no sex life. It shown on my health and resigned my job 3years back. Still trying not acceptable to be with me or wife not giving divorce. Please help me. What to do
Answers (5)

Answer #1
267 votes

If a wife is not living with her husband in India, the husband has several legal routes depending on what he seeks. If he wants her to return, he can file a petition for restitution of conjugal rights under the relevant personal laws. If the wife refuses to live with him despite such an order, that refusal can later become a ground for divorce. Alternatively, if reconciliation is not possible, he can directly file for contested divorce on valid legal grounds such as desertion, cruelty, or others, depending on the facts of the case. However, no court can force a spouse to live with the other legal remedies can only address rights and consequences, not emotional willingness.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
776 votes
Hello, If your wife is not accepting for mutual consent divorce, you can initiate the divorce process by filing divorce petition under cruelty or desertion ( to prove desertion, 2 years of continuous separation is required) ground in the jurisdictional family court. Though it will take some time to obtain the divorce, it is better than waiting for nothing.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRato Hyderabad | 5+ Answers
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Answer #3
622 votes
hi, sir state the reason why she does not want to live with you, and once try to settle this matter with your elders of both the sides of the family, and if also she is not willing to join with you , then you can issue legal notice against her for further proceedings
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Advocate Jaysurya Vishnu Vardhan

Adv. Jaysurya Vishnu Vardhan

LawRatoHyderabad | 25+ Answers
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Answer #4
708 votes
What exactly you want you have not stated, whether you are looking for divorce or you want your wife to join you. If you want your wife to come back and join with you, you file Restitution of Conjugal Rights Petition or if you want to give divorce, file divorce petition.
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Advocate Murali Mohan Rao

Adv. Murali Mohan Rao

LawRatoHyderabad | 100+ Answers
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Answer #5
889 votes
Dear Client, You need not wait for her call. You must initiate proceedings by engaging an expert advocate. You may get issued a legal notice for restitution of conjugal rights that is to say for inviting her to your conjugal house. If she will not come then, you initiate proceedings for divorce. Take expert advise and do not waste your precious time.
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Advocate Sistla Rama Krishna

Adv. Sistla Rama Krishna

LawRatoVijayawada | 400+ Answers
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