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I am 36 yrs and i need divorce from my wife


27-Jun-2023 (In Divorce Law)
I am 36 yrs and i need divorce from my wife but she is denying, i have tried reconciling 3-4 times already but nothing is working, i am frustrated now ... its been 6 yrs and we are simply incompatible. there are fights every now and then, i am ready pay alimony but she is not letting me come out of situation. i just want peace in my life.. thats it.
Answers (3)

Answer #1
564 votes
Hello sir. I have perused your legal query. Unfortunately incompatibility is not usually accepted as a ground for divorce. The irretrievable breakdown of marriage theory has not gained much acceptance in Indian courts. However, if your wife is verbally abusive then it can be used to file a petition for contested divorce under the head 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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Advocate Love Kumar Soni

Adv. Love Kumar Soni

LawRato Goa | 400+ Answers
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Answer #2
573 votes
Since you have not disclosed your religion, I will presume you as hindu and answer accordingly. You can file a Divorce before a court of law stating your reason for Divorce (given under section 13(1) of hindu marriage act). Otherwise if you still need some time to think then you can file a petition for judicial seperation and if there will be no resumption of cohabitation between you both for 1 year after decree of judicial seperation then too you can divorve her on this ground. In short , sooner or later you have to approach a court of law for divorce otherwise its not possible.
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Advocate Shivam Sharma

Adv. Shivam Sharma

LawRatoDelhi | 100+ Answers
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Answer #3
732 votes
I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise in matrimonial cases. It is advisable to file a divorce petition on the ground of cruelty.
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRatoDelhi | 1000+ Answers
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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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