Wife not coming home can I file for divorce in the court

524 votes

In case the wife has left the house of the husband and is living away from him without any reasonable cause, the husband is entitled to judicial separation or divorce. The condition however, is that the desertion of the wife should be for a continuous period of not less than two years, immediately preceding the presentation of the petition for grant of judicial separation or divorce. Thus, in order to entitle you to file a petition for divorce, you would be required to prove that your wife has deserted you without any reasonable cause and has been living separately for a continuous period of two years.

You can file a case under section 9 of Hindu marriage act for restitution of conjugal rights.

Advocate Vikas Nain LawRato

569 votes

First of all you decide what you want. If you want to keep her with you then you should file RCR under section 9 of Hindu marriage act just to stay with you. Moreover you have not told why she is not staying with you . other action will depend on the the reason why she is not staying with you. Moreover you have not mentioned why you want divorce. If it is only reason then you may file for divorce after section 9 case if she refuse to stay with you as this itself will sufficient ground for divorce which will be proved by section 9 case that she is staying away with you without any reasonable cause . a ground for divorce under Hindu marriage act

Advocate Avdesh Chaudhary LawRato

505 votes

If your wife is not staying with you since 4 months, then what were your efforts to bring her back ? You can file divorce on the grounds of willful desertion ànd cruelty. She can go to court of law as per legal remedies available.

Advocate Brijinder Khurana LawRato