Wife living separate after ten days of marriage. She went to her mother’s house but now after 3 months also she is not ready to come back to my brother’s house. She is working in Gurgaon now or what we can do. She is also not ready to sign any papers.
If you take any action immediately then she may file false and frivolous cases against you. Let her take any further action in respect of the matrimonial relationship. You should wait for some time and watch her conduct.
In the meantime you should engage some elders from both sides to resolve the matter. They may try to resolve the issue. It may be possible that she does not like this marriage because it is solemnised against her wish.
Your brother should send an email and request to resume his matrimonial life with his wife. He should write the email with the intention of sincerely wanting to resolve the issue. Any content in the email that may imply that failing to resume matrimonial relations will result in litigation will only further worsen their relationship.
If your brother’s wife is not willing to come back to his house and is also not willing to sign any papers, he can consider the following legal options:
- Mediation: Your brother can try to resolve the issue through mediation, where a neutral third party helps the couple communicate and reach an agreement. Mediation is a voluntary process and both parties need to be willing to participate.
- Filing for Restitution of Conjugal Rights: If your brother is willing to reconcile with his wife and is seeking her return to his house, he can file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955. The court will issue a notice to his wife to appear before the court and if she still does not return to him, the court can pass an order directing her to do so.
- Filing for Divorce: If your brother is not willing to reconcile with his wife and wants to end the marriage, he can file for divorce under the provisions of the Hindu Marriage Act, 1955.
