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How to file divorce case when wife is not ready to give it.


20-Jul-2023 (In Divorce Law)
I am married since 2009 and have a kid of 6 years. Me and my wife are working in same govt. Institute thus shairing same govt accomodation but we live in seperate rooms. We don't speak with each others neither we have physical intimacy.its withdrawn from my side. I dont wanna live with her. But in front of our relatives she make drama that she is ready to adjust. But its too late now. When i asked for mutual consent she threatened me to file false cases against me. She is very cunning and claver. Dont know what to do but cant live with her any more. Belongs to hindu religion
Answers (2)

Answer #1
741 votes
In this case you can call the police and file a complaint against your parents. It is to be noted that for divorce there are two procedures. And as a major you have all the rights to live independently. There are two ways to take Divorce in India: 1) Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually. 2) Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions. 1. Cruelty 2. Adultery 3. Desertion 4. Conversion 5. Mental Disorder 6. Communicable Disease 7. Renunciation of the World 8. Presumption of Death
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Answer #2
759 votes
Think again not for you but for the shake of your kid, and when you finally decide to apart, you have many options like file suit for judicial seperation and if the time period of judicial seperation get suceed you can get divorce easily, however you can file divorce directly under various grounds u/s 13 of hindu marriage act
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