Initiate Divorce when wife not completely well nor want divorce

Question

Initiate Divorce when wife not completely well nor want divorce

05-Sep-2025 (In Divorce Law)

Friend married 23 years back, 21 years old son. having marriage issues 10 years . He moved to different apartment 2.5 years back, wife reduced to join them, stayed back. Not coming out of house. visited by parents, son. Then got a brain stroke, left her legs temporarily paralyzed. Since son requested, he got his estranged wife to his home, took care of her. after 6 months he wants divorce, she refusing divorce, nor going back. afraid she will file police case since sick saying husband neglecting

Answers (1)

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Advocate Pavani Kumari LawRato · Accepted Answer · 2025-09-05T19:38:07+05:30

Answer #1

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 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.

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