Want to file mutual consent divorce wife not ready what can I do

957 votes

Dear Querist,
In the scenario, you can opt for contested divorce proceedings on the ground of cruelty to you for not allowing you to keep relationship with your family which you have all rights to do.

Advocate Gaurav Srivastava LawRato

925 votes

In order to file mutual divorce she should agree and in your case as you have said that she is not willing to take divorce. You can use a different recourse for Eg file divorce on the grounds of cruelty , you can even file for judicial separation. You can go for counselling along with her where they can guide you to either separate or lead a new life. If she doesn't agree to anyone of these things then I would advise you to file divorce on grounds of cruelty and in case she is not living with you can even file divorce on grounds of desertion.

Advocate Chirag Madan LawRato

855 votes

If she is not ready for divorce by mutual consent. You can file a divorce petition against her if you have a ground. You are supposed to pay the maintenance which court will decide. But if you really want to live separate , divorce petition is the only option. If you can convince her for divorce the scenario will be different. Revert me. All the best.

Advocate Atul Patni LawRato

504 votes

Respected Sir,
Divorce becomes more complicated when only one of the partners wants the divorce, or demands the divorce from the other. The husband may demand the divorce if his wife denies him the benefits of conjugal visitation.The situation of adultery is different. When there are actual eyewitnesses who testify to the wife's adultery. You want mutual consent divorce but your wife is not ready, in that situation you should contact to a lawyer and file petition. There are so many grounds.
Listed below are the Grounds of divorce
Adultery
Cruelty
Desertion
Unsoundness of mind
Schizophrenia
Virulent and incurable leprosy
Venereal disease in communicable
Non-compliance with a decree of judicial separation
Non-compliance with a decree of restitution of conjugal rights
the FuIl Bench of the Delhi High Court is of the opinion that non-compliance with the decree for restitution of conjugal rights by the husband would not constitute 'wrong' within the meaning of s. 23(1)(a) of the Act. A reconciliation between these two sets of conflicting decisions has been suggested in an article3 that the equation of the judgment-debtor and the decree-holder for making a petition under this provision has no bearing on the conduct of either party after the decree is passed. But the court in divorce proceedings may consider the condiJct of the parties not considered in the proceedings leading to the decree. It is submitted that the plain wordings of s. 13(1A) have made no distinction between the parties to the marriage and hence any contrary holding would impute super added idea in the intention of the Legislature making the amendment for insertion of sub-sec. (1A) of s. 13 of the Act. Further, where the language is plain and simple without any ambiguity, s. 13(1)(a) should not restrict and control the application of s. 13(1A) of the Act. In a case where a consent decree for restitution of conjugal rights was passed, it would form the basis for divorce for non-compliance. It is to be noted that if a decree for restitution of conjugal rights is complied with, there is no scope for a petition of divorce.

AIl the controversies on this issue have come to rest on the decision of Saroj Rani v Sudarshan Kumar, where it has been held that after a decree for restitution of conjugal rights the husband is entitled for a decree of divorce under s. 13 of the Act and his failure to resume cohabitation would not amount to "wrong" within the meaning of s. 23(1 )(a) of the Act. But where the husband has obtained a decree for restitution of conjugal rights, only for the purpose of seeking a divorce under s. 13(1 A)(ii) of the Act and preventing the wife from performing her conjugal duties by driving her away from the house, this constituted misconduct under s. 23(1)(a) of the Act as the husband was taking advantage of his own wrong and hence he was not entitled to any relief under s. 13(1A) of the Act.6a

Advocate Manish Kumar LawRato

851 votes

You can convince your wife for filing divorce petition by mutual consent. If she is not ready go for divorce under cruelity grounds. During the said perioe you can even liv seperately from your wife and giv her maintenance. No law can force anyone to liv in matrimonial relations without his or her wish

Advocate Sonia Sehgal LawRato

154 votes

Clarify what you want to say. Do not let anyone believe that you will divorce your spouse just because they are crying. List out in a calm voice the reasons that made you think about divorce. You are certainly going to shake their world. Let them digest and ponder it.

Advocate Chikirsha Mohanty LawRato