Divorce on the ground of denial of conjugal rights and cruelty

844 votes

Dear concern, As per your query you are fully eligible to get a divorce and as per your question of how much tough it will be its on your will power as divorce cases take time of minimum 2-3 years and more also.

Advocate Ankit Kumar Tyagi LawRato

942 votes

Restitution of conjugal rights is not divorce but yes you can get divorce on the ground of cruelty if you are able to establish the said ground in the court of law. Mutual consent divorce can be granted solely on the basis of consent of both the parties. Rest when I get to know more about the true facts and circumstances of your case. Thanks

Advocate Ranjan Kumar LawRato

654 votes

If you file for Restitution of Conjugal Rights and get an order in your favour, then if your wife fails to abide by the order, then that becomes a ground for divorce. If the period of desertation or refusal to have conjugal relationship is more than two years, you can directly file a contested divorce on the same grounds. Also, you are free to file for dissolution of marriage on the grounds of cruelty but that will have to proved.

Advocate Tushar Sannu Dahiya LawRato

854 votes

Question: I am 42 years old Hindu seeking a divorce from my wife of 12 years has a daughter aged 7 years. My wife has been living at my inlaws house since 2011 at pretext of child care, her career. Off late since 2015, we are not even on talking terms. I have one question: Am I eligible to seek divorce on the basis of restitution of conjugal rights and cruelty and how tough it will be to get divorced if my wife does not agree for mutual consent divorce? Please contact through LAWRATO, share your contact detail with LAWRATO, will contact you...with all your details, acordingly will advice you for the same !

Advocate Amrita Kameshwar Srivastava LawRato

516 votes

Hi, Thank you for your query. I understand your concerns entirely as I've dealt with multiple cases in this particular field. You have two queries: 1) Can you seek divorce on the basis of restitution of conjugal rights- In this case ? No. There is some confusion as Restitution of conjugal rights is for when one of the partners has deserted the other. The Court directs the deserting partner to return to the matrimonial home and fulfil their duties as husband or wife. As your wife has deserted you since 2011, you can file for restitution of conjugal rights. This can go two ways a) She returns to your house whether you wish for her to return or not b) If she does not return, you can be granted divorce on grounds of cruelty. 2) The second situation is where you seek divorce on grounds of cruelty- Since she has deserted you since 2011, you have strong grounds for seeking divorce at this instance. Please be aware though that you will have to build up your case, evidence where you have contacted her to return to the house but she has refused to do so. Any phone conversations etc., the mere fact that she has not allowed you to meet with your child. All are grounds for divorce. 3) As to how difficult is it, just like marriages are not easy, divorce's too live on the same wavelength. They can be hard , ardous and procedural, however it's better to go through a year or two of pain rather than let your entire life be spent in the same. Its important to consult to discuss the merits of your case and your financial capacity for maintenance . Everything is dependant on qualities of your lawyer. Do feel free to contact me. We can take this forward.

Advocate Anuj Nair LawRato