Legal procedure to file for contested divorce as wife denying divorce


I would like to separate from my wife as I do not feel comfortable around her anymore. There being compatibility issues. She is living with my son (7yrs old) and parents in a different city since the past 1 year. I do not wish to continue my matrimonial relationship with her. I have spoken about this to her but she is not coming into agreement for this and is constantly asking to try and workout. I do not wish to continue a married life and need your guidance for how to take this forward.

Answers (3)


111 votes

as marriage is considered a sacred relationship you may not be able to divorce her unless there is a strong ground. Not trying to work out your marriage and stating a reason like that can not help you get a divorce decree in your favour from the Indian courts.


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277 votes

Dear Sir,
Marriage is a solemn act sacrosanct in our cultures. Many a times we face some trouble with our relationship on certain issues which should be resolved amicably, specially in light of the future of your child (son). I hope and presume that it has been tried but parties are unable to reach any consensus. What then is left are two recourses:

A. Conciliation- A conciliation round could be arranged wherein possibilities of resolving the issues could be discussed and if that is not agreeable the parties (in your case the wife) would be convinced of bringing a peaceful end to the marriage that would be in the interest of all.
The conciliation proceedings are important since even the court would first ask you to try for the same since your wife is interested in working out the marriage. As on your behalf, I could pursue her for breaking off, as a matter of last resort and then you both can file for divorce with mutual consent under section 13(B) of the Hindu Marriage Act if both of you are Hindus (presumption).

B. Divorce Petition- The other recourse is moving a divorce petition under any of the grounds under the law such as cruelty, disease, disorder, adultery, etc. which would be based on the personal law governing the parties. The petition could be moved in the family court having local jurisdiction or the place of last residence of parties in case you are not living together.

Further information and details would be required in order to provide you with an affirmative resolution such as time and place of marriage, issues involved, custody of the child (son), religion of the parties, etc. for which it is advisable to have a meeting.

Regards

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161 votes

Divorce petition can be filed on various grounds under section 13 of Hindu marriage act. Such as cruelty. The fact that she is living separately since 1 year will further add to substance to your petition. Let me know if you need further assistance

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