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Divorce for not doing matrimonial duty


12-Apr-2026 (In Divorce Law)
My wife filed dv case and living in her parents home. It's been six month. I have tried to bring her back, but she refused. Can I file divorce on ground of not fulfilling matrimonial duty and denial of physical intimacy.
Answers (2)

Answer #1
751 votes
While you can legally file for divorce under the Hindu Marriage Act, 1955, by categorizing the denial of physical intimacy and the neglect of matrimonial duties as mental cruelty, the pending Domestic Violence (DV) case necessitates a cautious, strategic approach. Since the statutory period for desertion (two years) has not yet been met, your primary ground would be cruelty. however, filing for divorce now may lead to an escalation of litigation, potentially resulting in counter-claims for maintenance or dowry harassment. It is often advisable to first document your bona fide attempts to reconcile or consider filing for Restitution of Conjugal Rights (RCR) to establish that your wife has withdrawn from your society without reasonable excuse, thereby strengthening your position for a future contested divorce or a settlement through mediation.
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Advocate Biplop Konwar

Adv. Biplop Konwar

LawRato Guwahati | 25+ Answers
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Answer #2
521 votes
before filing divorce file a restitution of conjugal right case. it will be helpful to file divorce once she denied to come to continue marital relationship. first send a legal notice through your advocate and give her 15 days time to come. Then file a restitution of conjugal right case against her. your matter may be solved at counselling period also.
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Advocate Jubina Begum

Adv. Jubina Begum

LawRatoGuwahati | 25+ Answers
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