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Husband Wants Divorce but Wife Doesn?t
19-Feb-2023 (In Divorce Law)
My friend's husband wants divorce but his wife doesn’t. They have been married for only 10 months. Her in-laws expect her to manage household duties along with her office work. Her mother-in-law has been making bad comments over minor issues, such as sleeping 20 minutes longer than expected or delaying chores due to work. These comments have emotionally affected her, making her cry. Now, her husband and in-laws mock her, claiming she has a problem, and have even recorded a video without any medical basis.
Despite wanting her to continue her job, as she transfers a major part of her salary to her husband’s account, they are unwilling to adjust. There are no major issues between the husband and wife, but the family’s lack of adjustment is causing conflicts. Now, her husband is not ready for family discussion, and she has been staying with her mother for the past two months.
Are these grounds sufficient for the husband to file for divorce?
Despite wanting her to continue her job, as she transfers a major part of her salary to her husband’s account, they are unwilling to adjust. There are no major issues between the husband and wife, but the family’s lack of adjustment is causing conflicts. Now, her husband is not ready for family discussion, and she has been staying with her mother for the past two months.
Are these grounds sufficient for the husband to file for divorce?
Dear Sir/Madam,
If your friend's husband wants divorce but wife doesn’t due to her relationship with another person, he can file for divorce on the grounds of bigamy, provided he has evidence such as photos, witnesses, or other proof of the illegal activities.
Additionally, if his wife refuses to engage in sexual intercourse, it may amount to mental and physical harassment, which can also be a valid ground for divorce. If your friend wants more legal advice or assistance with filing for divorce, I am available to help. Kindly review my response—it would be greatly appreciated.
By Chandrashekhar Vithal Jadhav, Advocate & Legal Consultant, Bangalore.
If your friend's husband wants divorce but wife doesn’t due to her relationship with another person, he can file for divorce on the grounds of bigamy, provided he has evidence such as photos, witnesses, or other proof of the illegal activities.
Additionally, if his wife refuses to engage in sexual intercourse, it may amount to mental and physical harassment, which can also be a valid ground for divorce. If your friend wants more legal advice or assistance with filing for divorce, I am available to help. Kindly review my response—it would be greatly appreciated.
By Chandrashekhar Vithal Jadhav, Advocate & Legal Consultant, Bangalore.
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Adv. Chandrashekhar Vithal Jadhav
Bangalore / Bengaluru | 5+ Answers
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Sir, in this case, your friend can file for divorce on the grounds of mental cruelty. Since there is a recording as proof, it can be submitted in court, where an expert will verify its authenticity. Additionally, denial of sex is considered mental cruelty, strengthening the case for divorce.
It is advisable for your friend to file for divorce as early as possible to escape this mental torture and unwanted bond.
It is advisable for your friend to file for divorce as early as possible to escape this mental torture and unwanted bond.
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Adv. Bharat Narasgouda
Belgaum | 25+ Answers
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You can file for divorce on the grounds of cruelty. However, your wife will likely deny all allegations, which is common in such cases. This does not affect the legal process. It is advisable to consult an Advocate with all available evidence and proceed based on legal advice.
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Sorry to hear about your situation. If the husband wants divorce but wife doesn’t, she has the right to contest it if he files for divorce. In the meantime, she can file a Restitution of Conjugal Rights petition against her husband.
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Adv. Mohd Atik Iqbal
Akola | 900+ Answers
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Hi, in this case, to defend against divorce, your friend can file a petition under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights. Additionally, since divorce cannot be filed within one year of marriage, she can seek relief under the Domestic Violence Act against her husband and in-laws if needed.
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Adv. Rohit Shaligram
Pune | 5+ Answers
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Hi, obtaining a divorce decree is not easy when the marriage is affected by the usual ups and downs. Both spouses may benefit from counseling. If the husband wants divorce, he must provide evidence of cruelty to support his divorce petition.
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Adv. Harshad Garud
Pune | 400+ Answers
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You can initiate the divorce procedure if your wife insists on causing you trouble. After one year, you can divorce your wife on grounds of cruelty. You stated that your marriage has been over for one year. Therefore, you should file an independent petition in court against her.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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