Abusive wife not agreeing for mutual divorce. How can i divorce her?


I am married since 5 years now and I have a 3.5 years old daughter. Me and my wife are trying since the past 5 years to adjust but now it seems that the bucket is full and I am losing my patience. I am fed up with her attitude. She behaves as if nothing has happened. She abuses me at the time of fight and gets normal after few hours but for me its difficult to act like that.

 

I have asked for mutual divorce but she has already refused by saying that I will never leave you. Kindly suggest what to do?

Answer

A divorce can be attained by way of mutual consent or by filing petition on various grounds under marriage law. Grounds for Divorce under the Hindu Marriage Act, 1955 are as follows:

 

Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation. 

 

Since your wife is refusing to agree to obtain divorce by mutual consent, you can file a petition for divorce under the aforementioned grounds, provided you are able to prove the avertments. The most probable ground for filing case in your circumstances is under cruelty.

 

Please give details of marriage, the Issues involved, Status of Parties, Children if any, any other detail that you might deem relevant to give proper advice.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

Wht is the procedure for obtaining mutual divorce under Muslim law.?? Before filling petition for how many months/years the parties should wait ??? Id…

Read More

Hi i am mala , i am 35, i have love marriagw cum arrange marriage my mother in low house in kolkata .after married we lived in hyd for husband job per…

Read More

Respected sir / madam, please help me My case has come down to mutual consent.. And my husband family is asking me to hand over the jewels , mobile an…

Read More

I got married on 11 dec 2017. After fight with my husband i came to my mother home on 17 jan. I want divorce from him. Because mentally i am not able …

Read More

Talk to a lawyer for your legal issue