Divorce Case

No

it is not possible so that suit file under section 13 HMA .

no

After seeking decree of restitution of conjugal right,if wife doesn't come to reside with husband for about a year or more then it will amount cruelty ,a ground for divorce.

and if you both are agree to take divorce thn file a mutual petition for divorce so that court will record the statements of both of you and grant 1st motion of decree of divorce and after 6 months u can go for 2nd/final motion

no.. court can not grant divorce in restitution matter u have to file a fresh case under section 13 of HMA

Need to file a fresh petition for divorce. No divorce is granted in restigution of conjugal rights.

Restitution of Conjugal Rights - (Right to stay together) If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.          The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.          However, if the decree of restitution of conjugal right is not honoured for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.    Judicial Separation: Legal Separation without divorce         Either party to the marriage may present a petition on any of the grounds stated in the provisions for divorce, praying for a decree of judicial separation. A judicial separation is a legal way to stay separate from the spouse, without obtaining a decree of divorce. It also helps in cases to defend a petition for restitution of conjugal rights. A judicially separated spouse cannot be given a meaning to include a spouse merely living separately, and who has not obtained a decree for judicial separation.         In case, there has been no resumption of cohabitation between the parties to the marriage for a period of one year or upwards, after the passing of the decree for judicial separation, it shall be a ground for a divorce

Sec 13 of Hindu Marriage Act provides for various grounds of divorce like adultery, cruelty, desertion, conversion, mental disorder,leprosy, venereal disease, renunciation, not heard of being alive, non cohabitation (judicial separation),rape, bestiality, sodomy, mutual consent etc. Restitution is when a court orders either husband or wife to live with his/her spouse when one starts to live apart without any valid reason. Right of restitution can be granted to any of the spouse.

Technically grounds for the reliefs are different. Therefore it is not possible. Will be asked to make fresh petition.