Can husband get divorce if wife dont agree

991 votes

Hi,

Assuming that you marriage has been performed as per Hindu laws, the courts before entertaining any application for divorce would direct the couple to undergo mediation. The objective of the courts and law is that maximum efforts should be made to protect the marriage and provide all the support which the couple may need to save the marriage.

Further there are limited grounds on which a divorce may be filed and entertained by the courts. based on the facts which have been narrated, the ground which you husband may take is that of cruelty/ harassment. However the burden to prove any harassment/ cruelty would lie with your husband and if the court is not satisfied with the evidences which have been produced to demonstrate harassment/ cruelty, courts may decline the petition for divorce.

Advocate Naman Saraswat LawRato

511 votes

Question: My husband and me are married for 3 months and he is filing for divorce because he is unhappy. As we have constant arguments. He has blamed me as the reason for assaulting me physically. Will he be granted a divorce if I do not agree?

Ans: it depends on the facts and circumstances of the case. If your husband files a divorce case, you can defend the same by hiring a lawyer. If you will not defend the case. The exaprte order will be passed decreeing the divorce.

Advocate Sadanand Naik LawRato