How to get divorce when spouse is not willing ?

Question

How to get divorce when spouse is not willing ?

24-Aug-2023 (In Divorce Law)

I am separated with my wife from last 4.5 years. To clear all my debts I sold my property which was registered on both our name. We opened a join account and we bought a new flat registered on both our name as she is not ready to divorce me mutually. She is like I dont care what you do in you life and with whom you stay, but not ready to divorce me. Now, as we do not stay together for such a long time can the divorce happen? Second, I am ready to leave that property as I have a kid with her. So will I have to pay alimony? Third I wanted the kid but I know its very difficult. So I want legal permission to meet her and also plan a couple of vacation with her in a year. What should I do? Apply for divorce OR wait and get it mutually? I am a Hindu

Answers (5)

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Adv. M.A. Rahman Adv. M.A. Rahman

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Advocate Menaz Maqbul Shaikh LawRato · Accepted Answer · 2017-08-27T02:43:06+05:30

Answer #2

If you wish to divorce her then it is possible. About alimony it's your wish whether you want to give her or not.. you can file an application for access and you will definitely be allowed to meet your child or take her for vacation. Sit with your wife and tell her that you want divorce and if she mutually agrees then you will give her the entire flat but if she disagrees then she can fight it in the court and you won't give anything. I believe she will agree on mutual terms then.

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Adv. Menaz Maqbul Shaikh Adv. Menaz Maqbul Shaikh

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Advocate Ramgopal Aiyer LawRato · Accepted Answer · 2017-08-27T09:07:39+05:30

Answer #3

By the various points that you have given it's evident that mutual consent separation is the best recourse. Have a mediator in between and get it settled by discussion. That's the best possible solution.

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Adv. Ramgopal Aiyer Adv. Ramgopal Aiyer

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Advocate Sharad Malode LawRato · Accepted Answer · 2017-08-27T20:35:56+05:30

Answer #4

You can file divorce petition but.. Firstly what is reason behind divorce.? You can ask for divorce but what ground do you have ? You can also ask for custody of your daughter but generally her age should be more than 5 yrs otherwise you can visit her as per court order...

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Adv. Sharad Malode Adv. Sharad Malode

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Advocate Swapna Kode LawRato · Accepted Answer · 2017-08-28T09:46:48+05:30

Answer #5

Hello, You need to apply for divorce and then check if she is attending or no in case she does not attend the court after few months shall pass a exparte decree. Secondly file a custody petition for the child and in that ask interim visitation rights. No body can deny you vistation. If she is earning well and you have given the property then you will not hve to give her alimony but you will have to give for the kid

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Adv. Swapna Kode Adv. Swapna Kode

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