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?

Answers (1)


73 votes

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.


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