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How to proceed for divorce by the husband if wife neither want to stay


13-May-2023 (In Divorce Law)
My bro, a police officer gt married to his fellow officer on 10th Sept/2015.They gt introduced to each other in their training period & gt maried as per special marriage act.Frm beginning ,she used to insult my bro and my mom as we r bengali muslim and she s assamese muslim.She even insulted my bro dat he s not fit to b police officer.she don't want to live wd my mom.So many cruelties towards d family.She left our house on 25thAugust/2017 on trivial issues.On 8th Novmber/2017she gt arrested for job scam(whenever she was asked abt d incident as news papers were publishing her controversies,she used to denied)& gt bail on 7th October/2018.My bro went to meet her at her father's place but she didn't meet.Some common frnds also meet her and discuss d matter.She says she wl neither return nor wl divorce him.Now d matter is pending.Many times we went to discuss d matter to solve on mutual consent.She nd her family s not willing.They say dt they won't allow my bro to have a peaceful life.
Answers (2)

Answer #1
840 votes
Hello sir. I have perused your query. Although what is happening to your brother is quite unfortunate there are certain steps you can take to protect your interests. Your brother can move court for the restitution of his conjugal rights. In case he wishes to no longer reconcile with his wife he can always file for divorce on the grounds of cruelty. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
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Answer #2
949 votes
Hi you can file a contested divorce under the Special Marriage Act as you both are married under the act. The divorce Petition can be filed by you before the Principal Judge ( Family Court) in your district.
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