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Spouse not returning home. seeking divorc


02-Aug-2023 (In Family Law)
arrange marraige.no kids. had a courtship of 6 months. wedding is 10 months. my wife went to her parents house as my parents has to visit for some work to a far away city & i work in another city. there were already some misunderstandings between families but after heated discussions things were going fine.(but i was away for work) now my wife is not coming back & told me that she wont and stopped picking calls also.she has moved on. ready for separation/divorce also. we are confused what to do.
Answers (3)

Answer #1
911 votes
If she has moved on from the marriage, she will definitely not come back. However, if you want her back, you can file a petition for restitution of conjugal rights with Family Court. Otherwise if you and your wife both feel that you should get separated, you both can file an uncontested divorce petition before the Family Court. It is always better to stay together with some understanding between the spouses. But if you both have come to a situation where you both are unhappy with each other, better to dissolve the marriage. You can approach me if any assistance needed.
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Advocate Rahul Mishra

Adv. Rahul Mishra

LawRato Mumbai | 200+ Answers
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Answer #2
796 votes
If she has stopped answering your calls and messages then you should send a legal notice to your wife asking her to return back. Let her reply and according to her reply we can plan our next action. But sending a legal notice Will help you in many ways.
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Advocate Juhi Qureshi

Adv. Juhi Qureshi

LawRatoPune | 200+ Answers
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Answer #3
782 votes
first of all you send her notice section 9 of Hindu Marriage Act section 9 provided restitution of conjugal rights. if there is any chances of settlement better way you have to go for mutual divorce section 13 (b) of hindu marriage act
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Advocate Rohan Hawale

Adv. Rohan Hawale

LawRatoPune | 25+ Answers
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