Share
wife not restituting conjugal relationship and denying divorce
Question
My wife replied to my legal notice that there is no compromise to restitute conjugal relationship, i filed for divorce, she is denying divorce. i am stuck, could you please guide what can be done. she left marital home normally after 6months of marriage and not coming back, mediations failed, she filed police complaint and told them she dont want to comeback. its been 16months since we are married.please guide.
Answer ( 1 )
If you have already got an order for restitution of conjugal rights which has not been complied with by your wife for a continuous period of 1 year, it automatically becomes a ground for divorce as provided under section 13 of the Hindu Marriage Act. it clearly spells that if 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, then Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce