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Procedure to get divorce from wife as she is not ready for mutual one


11-Feb-2023 (In Divorce Law)
I want to get divorced from wife wife. It has. Even 11 years that we are married and have 7 years old kid too. Since starting our relationship was not good. Now I want to move on in my life and in live with another girl and want to marry. My wife knows about this from past 6 years but she is not ready to leave and says that she will make my life hell as Indian courts favours a lady. Every time she keeps on fight with me. Can you please advise what should I do.
Answers (5)

Answer #1
827 votes
You need to show sufficient ground for divorcing your spouse, such as cruelty, desertion, etc. The fact that you are in love with the other and wants to marry her is not a ground for obtaining divorce.
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What is the Indian divorce minimum? According to the new Indian divorce laws, the time required for obtaining divorce depends on the situation. It could take 6 months or longer for a divorce by mutual consent, whereas contested divorce proceedings can take much longer.

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Step 1: Filing a divorce petition. ... Step 2: Appearance before the Court and inspection. ... Step 3: Giving orders to record statements under oath. ... Step 4: The First Motion has been passed, and six months are given to the Second Motion.

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Answer #2
579 votes
Consult and discuss more and file appropriate suit seeking divorce and other monetary relief. Need to get some papers to filing suit and serving notice . Consult with more details and file suit. Bring wedding card and other documents.

Answer #3
741 votes
Question: I want to get divorced from wife wife. It has. Even 11 years that we are married and have 7 years old kid too. Since starting our relationship was not good. Now I want to move on in my life and in live with another girl and want to marry. My wife knows about this from past 6 years but she is not ready to leave and says that she will make my life hell as Indian courts favours a lady. Every time she keeps on fight with me. Can you please advise what should I do.

Ans: you have no option than filing a divorce petition on your own against her. it might be contested by her. mental cruelty is sufficient ground for decree of divorce.
Answer #4
654 votes
Dear sir,
As per your query you are interested separate from you wife and want to get decree of divorce from court, for that you have two options that 1) if your wife is ready for mutual divorce, you can file mutually. 2) You alone can also file case for divorce on cruelity ground.
Answer #5
905 votes
I suggest you to file a contesting Petition before the jurisdictional family court against your wife if she does not agree for a mutual divorce. Also i suggest you to work on the possible settlement in view of minor child. Contact your advocate for more details and suggestion.

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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Is it possible to file a divorce is wife is not ready to have a child ?

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