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I want to take divorce from my wife


16-Jul-2023 (In Divorce Law)
My wife is not willing to stay with me as she acts like a feminist and I don't like that and I don't want to stay with her anymore and living separately from past 5 months. My marriage is just 5 months old. She is not willing to have sex withme.How can i proceed for divorce in this situation? Is 1 year needs to be completed to file for divorce? And If I send divorce notice Iam afraid that they put wrong cases against me. So how can I safeguard myself to such cases? Hardly I have stayed with her 1 month after marri. Please advice.
Answers (4)

Answer #1
616 votes
Denial of sex to husband amounts to cruelty and thus forms a ground for divorce. As far as your apprehension of their filing cases, you have to be careful and unprovoked. If you start divorce process first, we emphasize upon court that her case is a counter blaster. Consult for further steps.

Answer #2
612 votes
There are cases where in you need not wait one year for filing the divorce against your spouse, exceptional cases allow you to do so. I suggest a one to one meeting for more details and Ill guide you accordingly, you can meet me in my office for legal assistance.
Answer #3
678 votes
You may talk to your wife for mutual consent divorce and if she agrees , that can be done. Otherwise, you have to file for contested divorce in the concerned court of jurisdiction by giving grounds for divorce. there are different grounds for divorce in Hindu marriage Act. You may chose the one applies to your matrimonial dispute. as per the facts.
Answer #4
649 votes
Sorry to know about your situation. If you are already residing separate and you don't want to continue cohabitation then you should first discuss with her to amicably dissolve the marriage and if she agrees then may file mutual divorce petition which will be decided by court sooner than contested divorce.

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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