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I would want to File for a Divorce with my wife


03-Oct-2023 (In Divorce Law)
I need consultation and would want to file for a divorce. It is not going to be Mutual. I want it but my wife is not ready for it.
Answers (5)

Answer #1
884 votes
yes you can get it on merit you will have to go to go through all proper procedure what is the issue all all your story and evidence you have to go to lawyer and proceed further then you will get it on merit
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Answer #2
857 votes
You will have to file a divorce petition on the ground of cruelty on the part of your wife and will have to prove the allegations before the family court. You will have to contest it. Contested divorce takes time as compared with mutual one.
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Answer #3
951 votes
Under sub-clause (1) of section 13 of the Act, There are available 9 fault ground on which divorce can be taken. such as  *1-Desertion* - If one of the spouses voluntarily abandons his/her partner for at least a period of two years, *2-Adultery* -The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed adultery. *3-Cruelty* - A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. *4-Venereal disease* - If one of the spouses is suffering from a serious disease that is easily communicable. *5-Leprosy* - In case of a ‘virulent and incurable’ form of leprosy. *6-insanity* - Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together. *7-Conversion* -In case either of the two converts himself/herself into another religion *8-Renunciation* – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order. *9-Not Heard Alive* – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead.
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Answer #4
772 votes
Well, I can consult you. First of all, I would like to know about the facts and circumstances relating to your case, so that, proper legal advice can be given with immediate effect. So, let us connect on call.
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Answer #5
777 votes
the Hindu Marriage Act 1955 - Voidable Marriages, Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground. Intention to be cruel is not an essential element of cruelty as envisaged under section 13 (1) (ia) of the Act. It is sufficient that if the cruelty is of such type that it becomes impossible for spouses to live
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