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Can i get Ex-parte divorce if wife is not ready to give divorce


16-Sep-2023 (In Divorce Law)
I have been living separately from my wife for 8 months now and am paying for her financial maintenance as well as that of my adopted child. I want to keep financially supporting them and have even transferred a lumpsum of Rs 25lacs but a unable to continue to marriage. I want to divorce her but my wife is refusing outright. On what grounds could i file for a one-sided divorce (given that incompatibility is not an accepted ground). Also what are my chances and how could i expedite the one-sided divorce
Answers (5)

Answer #1
606 votes
You can seek divorce on grounds available for divorce under the law. Though you may have been financially supporting your wife and she is not ready for divorce by mutual consent, you may file petition for divorce, however after understanding in detail, your situation & reasons for seeking divorce, specific advice may be given as to how to proceed and what strategy to take. For specific advice you may contact me with specific details of your matter.
Answer #2
898 votes
There are number of grounds for divorce given in Section 13 of Hindu Marriage Act, these can be seen on internet. However, this matter can be discussed properly in person only. Facts like whether your wife is willing to stay with you or not, events that happened during your stay together, reason for your asking for divorce and so on are the issues that need to be discussed.
Answer #3
521 votes
Dear client,

you can't get ex-parte or one sided divorce, forget it. however you can file mutual consent divorce offering her a handsome amount of alimony, else you can file divorce based on any ground, for which you have to explain complete story to your lawyer.
i suggest you to hire an experience lawyer and take legal advice from him/her after explicating whole story.

for further information/clarification you can call/meet me.

Regards,
Answer #4
517 votes
Sir it is very difficult to get a contested divorce on any ground because law is slightly biased when it comes to women(unfortunately).. However we can try for and may succeed in getting ex-partie divorce..however that order can be challenged by your wife once she comes to know
Answer #5
937 votes
Hi,
You can not file a one sided divorce and get exparte unless she do contest the case even after recieving summons.

Thanks & Regards

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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