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How to get divorce when spouse is not willing to grant it?


25-Aug-2023 (In Divorce Law)
I have been married for the last 5 years.within two years confrontations started with my wife.she took all her belongings and left me.for last three years there have been no communications on either side.she is not having any communication nor she is ready to give divorce.she has not filed any cases against us nor we have any case against her, but it seems she doesn't want to give divorce and she wants to frustrate me.she is employed .can I take exparte divorce and what will be the complications. Is ex parte divorce valid . I want to get divorce from her as contesting divorce takes a lot of time and she is not willing for mutual divorce and i have no communications with her for last three years.both of us live in other cities.what are the options available to me. please help.
Answers (3)

Answer #1
548 votes
U can apply for the divorce in the court. when your wife will not appear after receiving summon than after certain period of time court will pass a Ex Parte decree for divorce. however your wife can appeal against ex Parte decree upto 3months. you can contact us for further details and entire proceeding. Thanks
Answer #2
645 votes
Assuming you are a hindu. You can have a contested divorce on the basis of desertion and other reasons. Any way notice will have to be served and if competent court passes the decree in your favor then it is valid. But if you want to save time mutual consent is best possible way else hire a good lawyer who can arbitrate and get you divorce fast enough for you.
Answer #3
584 votes
Dear Client,
File a divorce case with the ground of dessertion as she is not residing with you from past 3 years. Moreover if no one appears on her behalf you will be awarded ex-parte decree. It is always better to follow procedure of law in order to avoid further consequences.
In case of any other query. Feel free to contact.
Regards,
Tushar Bahadur,
(Advocate).

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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