divorce need from wife who do not desire to stay with husband

712 votes

Hi. There can be two approaches to dissolve the marriage. One is by way of moving a petition before the concerned family court for mutual divorce where both the parties consent to end their marriage mutually on terms and conditions as agreed upon. Such a procedure is expeditious given the fact that there is only a statutory period of six months granted by the court for reconciliation between the parties. So, once there is no reconciliation, court will proceed to grant a decree dissolving the marriage. The other way is to file a divorce on the grounds as provided under the Act. Such a petition once moved may be contested by the other party or may not be contested. If it is not contested then the party can get an ex parte decree of divorce. If it is contested then the proceedings may take some time to attain finality.

Since the marriage has been consummated, the boy has to go through either of the above mentioned procedures.

Advocate Sandipan Mohanty LawRato

589 votes

There are lots of things to be known for Divorce. Where the marriage took place ? What exactly is the wife's demand, what exactly the Husband wants ? Since last three years what has been going ? How many visits to each other and lots more.
We can file a divorce and get it. Just need to know things in details.

Advocate Ramesh Agarwal LawRato

636 votes

Under this situation, there are two options with the husband. First, he can opt for filing a Divorce petition before a Family court, under sec. 13 (1b) of the Hindu Marriage Act, on the ground of desertion. And Second, The husband can approach a Family Court for restitution of conjugal rights under section. 9 of the Hindu Marriage act for enforcement of his conjugal rights. And an added advantage from this is that, if the wife will not follow the Decree of cohabitation, after passing of Decree continuously for one year, it became a ground for Divorce under sec 13.

Advocate Pradipta Varma LawRato