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Is there any exact time to file DIVORCE by husband after wife filed DV
19-Jul-2026 (In Divorce Law)
I married in February 2022. In August 2022, my wife went to her parents' house for pregnancy and has never returned except for two 2-day visits in January 2023 and August 2024. We have lived separately since then. During the first year, I visited her monthly at her parents' house, but she refused to return. In January 2026, she filed a DV case against me. She is unwilling to resume marital life despite my efforts, and our marriage has effectively broken down. So when to file divorce now or after
Based on the facts you've shared, you can consider filing for divorce now rather than waiting, especially if there has been continuous separation and your efforts at reconciliation have failed. I can help you.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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Since more than one year has elapsed from the date of your marriage, you have two legal options. If you genuinely wish to continue the marriage, you may file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act seeking her return to the matrimonial home. Alternatively, if the marriage has irretrievably broken down and reconciliation is not possible, you may directly file a divorce petition on the appropriate legal grounds, depending upon the facts of your case.
Before deciding, carefully examine the allegations made in the Domestic Violence case and ascertain the present stage of those proceedings. The pleadings, evidence, and reliefs claimed in the DV case can help assess her intention, the strength of her allegations, and the most appropriate legal strategy. Also preserve all evidence showing your efforts to bring her back, as it may be relevant in either proceeding.
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Adv. Saylee Chaudhari
Dombivli | 50+ Answers
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You can any time file divorce petition at where your marriage ceremony, where you both reside together and where your wife now resides... you contact your advocate lawyer discuss everything about your marriage life and file petition your case is strong as par you mention your query...
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Adv. Rajesh Ramprasad Jaiswal
Buldhana | 5+ Answers
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You may file a petition for divorce on the ground of cruelty, as your wife is refusing to cohabit the marriage without justifiable cause and filing false criminal proceedings are acts of mental cruelty, I may need more details such as under which act your marriage was solemnized . There is no requirement to wait further if the cause of action has already arisen.
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Adv. Areeb Ansari
Mumbai | 25+ Answers
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Based on your facts, you may file for divorce under the Hindu Marriage Act, 1955, as there has been a long period of separation and reconciliation efforts have failed. The pending DV case is a separate proceeding and does not stop you from initiating divorce. Keep all records of communication, visits, and attempts to resume marital life, as they will support your case. The grounds for filing divorce can be decided after knowing all the facts.
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Adv. Purva Kshatriya
Pune | 5+ Answers
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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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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