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Section 9 filed but need divorce, how to get divorce


27-Aug-2023 (In Divorce Law)
Hello Sir, This is the 2nd time My wife left my house in Jan 2021. Her relative came and took her and my son with them. Also had fight at the same time as it was un expected for us. After discussion with my Lawyer , we have sent a notice and but there is no official reply received. My wife have approached the Councilor in Police station which was there when 1st time mediation took place), we filed Sec 9 after 3 months. We did not have communication for long time, but nowadays she is sending me some messages, calls, trying to show that (or creating proofs of) how she is interested in the relation. I do not reply much. As the same situation happened before and after the session with govt Councilor we decided to stay together. Again she left without any meaningful reason. I cant trust her In future, if she comes back I will not trust her for sure. She has used foul words for me and my family. Since marriage we were staying in city, away from both the families. Can I get a divorce?
Answers (3)

Answer #1
673 votes
Dear queriest, as per your query you have mentioned that you can trust her since she is creating drama and is leaving matrimonial home for no reason, and you want divorce from her. Here if you are willing for divorce then you can file for the same on grounds of cruelty, or if you want you can opt for mutual consent if your wife also thinks the same, by mutual discussion you both can take this step. for more information in detail kindly contact me.
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Answer #2
655 votes
hi in this case you can withdraw your rcr application and file fresh divorce petition unber the ground of cruelty you can also state about previous rcr case for which she didn't responded therefore the purpose of the petition was frustrated
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Answer #3
639 votes
Yes after going through all this facts brother you can apply for divorce on the ground of cruelty and desertion. If you find that even after coming back she will repeat all it is advisable to move further with the provisions of Hindu Marriage Act for divorce.
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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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