Not living with wife since marriage. How can i get divorce from her?

In Divorce Law

I am married for around 5 years and not living with my wife from starting. Also, we do not have any type of relationship. I would like to have Divorce from her but she is not ready.

Also, if I ask for Divorce, they threaten me that they will do dowry case on me. I am ready to give her all type of help in terms of money. But she is not ready.

What should I do? I am in a very helpless situation. What appropraite step should I take?

Answers (1)

467 votes

You can file a petition for decree for dissolution of marriage on the grounds of desertion under Section 13(1)(i)(b). 

As per the Hindu Marriage Act, any spouse can file for divorce on the grounds of desertion if the other party has deserted the spouse for a period of more than 2 years at the time of presentation of the divorce petition.

Your case squarely falls within this and therefore it should not be a problem.

And to protect yourself from the false case, you can send an intimation letter to the police stating that your wife may file false and concocted complaints in the future and give all the necessary details. This shall help in proving that the complaints are baseless and ill-founded.

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