hindu marriage act

Dear Mr. Surender Singh, If after passing of decree under S.9 by the Court, your wife on being informed by you to join you, did not responde and did not join you to resume your relationship, then one year after such refusal, you can file divorce petition under section 13 (1-A)(ii) of Hindu Marriage Act on the plea that after passing decree of the court, that there has been no restitution of conjugal rights between you.  Regards.  Adv. Deepak.  ddkharpudikar@indiatimes.com

Both the advocates are absolutely right. Follow mr Prabhakar's advice.it is good. Here is sec 13 (1A) of Hindu Marriage Act for you. You are lucky in divorce matter.

" 13. Divorce

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

Dear Mr.Surender,

You can even stop maintenance amount of your wife. As per latest judgment, if wife willingly left the house of husband then she is not entitle for maintenance.

Further you can wait for one year and then file divorce case u/s 13 (1A)(ii) as suggested by my friends or you can immediately file a case u/s 13(b) on the grounds of cruelty to get the divorce.

 mr singh,

as you are in a winning position, therefore you move on very carefully.

my suggestion, do not stop maintenance at this juncture. you bound to maintain your children, only wife will be out of it , therefore, you bear this at least one year ie upto divorce. if you want to stop it now, then file  a petition stating ground.

do not put any divorce petition on cruelty ground right now. this will oppose rcr statement. divorce you will get divorce after one year automatically. but keep it in mind that, after one year you have to pray for divorce. in absence of  divorce petition the marriage will live and still continuing one.

seeing your statement i feel that your wife engaged somewhere else and waiting for formal divorce. if it is the case, then pray for gurdianship of the children also. but after getting divorce then file it.

respected sir kamal grover,

i am a doctor from surat, gujarat..sorry to disturb you.. but i am in miserable life since last 4 years..( due to false cases of my wife) and in surat no lawyer has enough knowlegde to save me

may i ask for a little help from you sir ?? i am new member of www.lawyersclubindia.com.. and i seen ur comment on this webpage https://www.lawyersclubindia.com/forum/hindu-marriage-act/13655/

my wife is doctor and left my house in 2007 now she is asking 25000/- per month, as interim ( HMP 24) inspite my HMP9.. sir u told that "As per latest judgment, if wife willingly left the house of husband then she is not entitle for maintenance" sir please may i have way to get a copy of this judgement.. please sir ( my mail ID roopam005@yahoo.in)..