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Irretrievable Breakdown of Marriage


19-Aug-2024 (In Divorce Law)
Me and my wife haven't lived with each other for almost 15 years and have not spoken in many years. A contested divorce that she applied was quashed after 8 years because she kept delaying it and the judge saw through it. The marriage has completely broken down and there is no chance of cohabitation. Now that SC has allowed irretrievable breakdown, should both parties consent ? If wife is uncooperative, what is my option.
Answers (4)

Answer #1
871 votes
1. you file a sc case and take contention, separated from past 15 years orders. judgement is passed by the court 2. you have to contest the case and if the wife is not cooperating then it is left to court to decide. The judge will decide properly and pass orders
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Advocate Geethanjali Setty

Adv. Geethanjali Setty

LawRato Bangalore / Bengaluru | 200+ Answers
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Answer #2
760 votes
Hi, if you're wife and your not in matrimonial relationship And you are staying apart and separated since 15 year this shows that there is irreparable breakdown in the matrimonial relationship. If Both of you parties wanted to get legal separation by court of law then you can find the mutual consent divorce stating the fact that incompatibility between two of you .
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Advocate Babita

Adv. Babita

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Answer #3
763 votes
You can file a case of divorce without your wife's consent on the basis of irritrievable breakdown of marriage and other grounds: file a case and get notice issued to her through Court and you will get a divorce even if she is non cooperative.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #4
514 votes
Dear client, based on your question it needs to be detailed in discussion on your matter. So, then we will provide an answer and guide you in the proper way and for more information feel free to contact us.
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Advocate Anik

Adv. Anik

LawRatoBangalore / Bengaluru | 400+ Answers
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