Being harassed by wife. How can i get divorce from her?

In Divorce Law

I got married on 21st September 2009, but after marriage we stayed together only for 12 to 15 Days. Soon after marriage we found that we were not compatible, always via phone we used to argue. This continued for 1year and then she ask for a Divorce.

I denied thinking that things may work out but now things are getting worse. I am being harassed by my wife and her family for quite some time now and am very disturbed.

What should I do?

Answers (1)

118 votes

In case your wife is seeking a Divorce from you, and you have denied her the same, you may want to initially think about what is it that you would like to do? What was the reason for you to deny her the Divorce? Are you looking at working things out between the two of you? Even if you want things to get better, what are the chances they will? You might want to think about these questions before proceeding with any legal remedy as clarity about what you want to do is the most important criteria to achieve what you want. 

When you answer these questions to yourself, also keep in mind that some relations reach a stage where things are not repairable. For instance, you have been married for more than 4 years now and as you stated, there were issues immediately after the marriage. It's been 3 years since your wife asked for a Divorce and you denied the same. Now if you are being harassed and are seeking legal remedy, we believe that things are a little far from being in the repairable zone as on date.

Coming to the legal remedy available to you, we suggest that you have a discussion with your wife and her family once again. Check if they are harassing you to get a Divorce or is there anything else on their mind. If they are still seeking Divorce, and after answering the above questions you are also agreeable to separate from your wife, Divorce by Mutual Consent is the best way forward. It is amicable, is granted within 6-8 months of moving the first motion, and will save you from being victimised by your wife and her family. 

In case your Wife and her family do not agree for a Divorce by mutual consent, and insist and continue to harass you, we suggest that you move a Divorce petition under the Hindu Marriage Act 1955 on grounds of Cruelty - Section 13(1)(i-a) HMA and Desertion by your wife - Section 13(1)(i-b). This will save you from further harassment by your Wife and her family.

Lastly, in case you want to get your wife to stay with you and would try to work out your marriage (we recommend this only if you have a strong belief that your marriage can be worked out), you may file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955. You can seek an order from the Hon'ble Court that your wife should come and live with you and fulfil her matrimonial duties.

Do let us know which way you would like to proceed, and we can provide you the desired Legal Remedy.

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