How to file for a divorce if wife not ready

801 votes

In your case .. you can take Divorce on mutual basis and if it is not possible then you can file Divorce on your behalf on the ground of your own...
but for it you have to talk to me so that i can guide you accordingly...

Advocate Shruti Bhardwaj LawRato

651 votes

You can go for divorce through mutual consent. if that is not the case then you need to have some valid reason to take divorce that is considered good by the court. You can also go away and live alone.

Advocate Gaurav Tomar LawRato

631 votes

Sir it is not that easy if it not mutual as wife will contest the divorce and it will take year's long time . Better have one family meeting with both side family elders and then decide the things . So that you are divorce easily.

LawRato LawRato

879 votes

Hi there,
There are 2 types of divorces, 1. Mutual and 2. Contested.
Of course, the easiest way to obtain a Divorce is by Mutual Consent of the husband and wife. However, at times, the circumstances are not that easy, the situations are not that easy, and the other spouse itself may not be easy to handle as well. In that case, the only option left is to apply for a Contested Divorce under the Hindu Marriage Act.
A spouse cannot file for Contested Divorce citing any reason it thinks is good enough to legally separate from his/her partner which in your is "Missing Happiness". There are specific grounds laid down under the Hindu Marriage Act, and only under these grounds can a Contested Divorce be filed in Court.

Grounds For Contested Divorce
In totality, Section 13 of the Act provides for 15 grounds under which a spouse can file for Contested Divorce in India. The 9 major grounds under which a Contested Divorce is usually filed are:

1. If a spouse, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

2. If a spouse, after the solemnization of the marriage, treated his/her spouse with cruelty; or

3. If a spouse, deserted his/her spouse for a continuous period of not less than 2 years; or

4. If a spouse, has ceased to be a Hindu by conversion to another religion; or

5. If a spouse, has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the other spouse cannot reasonably be expected to live with that spouse; or

6. If a spouse, has been suffering from a virulent and incurable form of leprosy; or

7. If a spouse, has been suffering from venereal disease in a communicable form; or

8. If a spouse, has renounced the world by entering any religious order; or

9. If a spouse, has not been heard of as being alive for a period of 7 years or more by those persons who would naturally have heard of him/her, had he/she been alive.

If you wish to divorce your wife, then you needs to fall under one of these grounds, or else the case would most likely be dismissed by the Court on the very first hearing itself.
Incompatibility between the couple and/or irretrievable breakdown of marriage is not yet a valid ground for filing a Contested Divorce as per the Hindu Marriage Act in India.

My suggestion is either you mediate and settle the issue between you or else you make her agree and both go mutually before the court for mutual divorce as in that case no question would be asked. But yes we will have to show a separation of 1year in mutual divorce.

Advocate Monica Manchanda LawRato

800 votes

Look Divorce is not a matter of Right.Divorce ate granted on the basis available under Hindi law for Hindus.
First and foremost condition is couples are not cobhabitat for More than a year and subsequently grounds under Hindu Law.

Advocate Amit Gaurav LawRato