Procedure to file for divorce in case wife not ready to give divorce

917 votes

Hello Sunil,
Of course, you can file contested divorce under section 13 (a) of Hindu Marriage Act. You have to prove to the court mental harrassment which is done by your wife. If court satisfied, that your wife genuinely does not respect the marriage, court may grant decree of divorce in your favour.

Advocate Prachi Goel LawRato

522 votes

Hi Mr. Singh,

Regarding your query, it's always better if you're able to obtain a divorce through mutual consent. However sometimes, out or being vengeful, either of the parties refuse to entertain the proposal of divorce.


As for you however, please note that you can obtain divorce on the grounds of 'cruelty'. I would suggest for you to keep a record of such instances where your wife is acting out and genuinely intending to harass you. In such cases, you will be required to prove these facts before Court. If the Court believes you have reason enough and that your wife is committing cruelty. You will be entitled to divorce.

Advocate Anuj Nair LawRato

776 votes

Mr. Sunil first you talk to your wife about the frustration and if the same is not resolved then you can file the divorce case in court on the ground of cruelty and the court will grant divorce as per merit

Advocate Ajay Garg LawRato

841 votes

In that case , you need to check if your matter falls under various grounds of divorce as provided under the applicable law
As the information provided here is not sufficient to provide any conclusion.

LawRato LawRato

565 votes

You will have to file a divorce case in the family court and mention the grounds of seeking divorce. There is no one side divorce. Court will send a notice to your wife and you will have to contest the case. It either both of you agree to mutual divorce.

Advocate Kirtika Mukesh Bura LawRato