unilateral divorce

Querist : Anonymous (Querist) 30 May 2010 This query is : Resolved
My wife is not willing to give me divorce nor she will come back. Can i file unilateral divorce?

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Raj Kumar Makkad (Expert) 30 May 2010
unilateral divorce word is not mentioned in Act rather you can talk to your wife and can mutual divorce petition if both are agreed thereon. In absence of that petition seeking legal separation can also be filed by you.

Ruchi Gupta (Expert) 30 May 2010
You can file petition of Restitution of Conjugal Rights U/Sec 9 of HMA, 1954. After that if she is not coming then you can file petition of legal separation. It is the procedure according to the law.

Devajyoti Barman (Expert) 30 May 2010
Yes, if your wife is not willing to go for a mutual divorce then you can file a suit for divorce 'unilaterally'and ask for divorce on the happening of certain grounds as mentioned in section 13 of the HMA

G. ARAVINTHAN (Expert) 30 May 2010
If you are willing to unite with her, file application for restitution of conjugal rights.

If not needed, you can file application for divorce. If she neither appeared before nor contest the case, you can get exparte divorce

Daksh (Expert) 01 June 2010
Dear Anonymous,
To my mind more than anything both you and your wife need professional counselling to save your marriage. Kindly consider my sincere advice. God bless

Best Regard

Daksh

Uma parameswaran (Expert) 01 June 2010
If there is any unaviodable reason for the desertion try for divorce as you told or if there is any chance to patch up the relation ship try for Resitution of Conjugal Rights.

Adinath@Avinash Patil (Expert) 02 June 2010
Better way to file petition for Restitution of Conjugal Rights u/s 9 of HINDU MARRIAGE ACT.

Thyagarajan (Expert) 02 June 2010
if one's wife had deserted him and lives away from him it will be only prudent of him to send a register etter to her asking her either to loin him back or ask her to sign and send a letter that she no longer wishes to stay with him mentioning the reason.
That will be end of matter and if hekeeps mum or goes about collecting openion of lawyers or councilors it will be vast of time and energy.
If he goes to court it will be just another case. What the Judge orders will be then the begining of chain of appeals etc and may even end in case going to Apex court.

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