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Can I take divorce without wife's consent


14-Apr-2023 (In Divorce Law)

Hi Sir/Mam, My friend is married to illiterate women 8 years back. Husband never wanted to stay with wife. However, they have two kids now. Still husband is trying to get rid of her as they are not happy together. However, due to society and all wife doesn't want to leave home. Is there any way divorce can happen wihtout wife's consent. Also, what is the requirement for divorce from mutual consent. What can be done in this case please suggest. Thank you!

Answers (2)

Answer #1
542 votes
Dear there are two way-out to get divorce either by mutual consent or contested in 2nd type you should have solid grounds why you want divorce, in your case you have 2 kids, and wife does not want divorce, so if your wife is illiterate this is not a ground to get divorce. You should get rid off 8 years before, what is the fault of your kids, why you gave birth to them..
Answer #2
679 votes
Dear Sir, please note that the divorce can be granted by the court if one goes and applies for the divorce. The one who applies for the divorce before the court has to have a good case and has to prove the cruelty by husband/wife. the court lateron, asks for the evidence and after considering all the facts and the evidence brought by both the parties, passes the order, as the court deems fit. And as you have also asked about the requirement for the mutual divorce, in that event, both the parties jointly applies for the divorce and in this case, the court records the evidence of both the parties and the divorce is granted after the second evidence on the next date.

Learn how to file for divorce without mutual consent with the help of this Divorce Law Guide.

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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