Initiate Divorce when wife not completely well nor want divorce

640 votes

Your friend is legally entitled to seek divorce on grounds of long separation, cruelty and irretrievable breakdown of marriage. Since his wife is refusing, he must file a contested divorce petition before the Family Court with proper evidence (separate living since 10 years, lack of cohabitation, and strained relationship). Her present health condition does not bar him from seeking divorce. If she threatens the police case, he should be prepared to defend by showing that he has been providing care and not neglecting her. At the same time, he may offer reasonable maintenance/medical support which will show his good faith before court. Court will finally decide on divorce and maintenance, so he should proceed legally rather than waiting for her consent.

Advocate Pavani Kumari LawRato

833 votes

Your friend can file a contested divorce under Section 13(1) of the Hindu Marriage Act on grounds of cruelty or desertion, citing the long separation and past marital discord. Since the wife is now medically dependent, she may refuse divorce and create complications, including filing false 498A or domestic violence cases, claiming neglect or harassment. To protect himself, he should: 1. Document all care and expenses made for her treatment and stay. 2. Send a legal notice clearly stating his intent for divorce and willingness to provide reasonable support. 3. If she files a false police complaint, seek anticipatory bail immediately. 4. File for divorce first, so her later claims appear retaliatory. Given the medical angle, courts may grant her maintenance but cannot force him to continue cohabitation. Proper legal strategy is crucial. Connect with me to draft a strong petition and safeguard against false criminal cases.

Advocate Sujith Kuchipudi LawRato