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Procedure to take divorce from wife if she is denying the same


28-Mar-2023 (In Divorce Law)
We have been married for last 8 years and have a single daughter age 6 years. She is always mental harassing as being money minded and is dominating. Since the marriage we are not living with my family that also due to her as she forced me 5 years back to ask for the ancestral property and my share for which my family denied due to which my family and mine relation gone worse and i dont have any relationship with them. She gets ready for mutual divorce but whenever the date nears to file the mutual divorce she always back out and again start threatening me to destroy my career and file false allegation against me. I am very upset due to it and even thought of killing my self for which also she says go and die. We are not having any sexual relationship since last 5 years and living separate since 1 Year only sometime i visit to meet my daughter for one day. Please suggest what approach to be taken to file Divorce case and what can be the complication means what cases she can file
Answers (3)

Answer #1
696 votes
Sir you should file a divorce petition on the grounds of cruelty and desertion and harassment. And make her a respondent in the case. Dont file mutual divorce but a simple divorce petition and also annex an application for taking custody of your child in the same case. You could contact me for further details and formalities
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Advocate Ketan Khurana

Adv. Ketan Khurana

LawRato Panchkula | 25+ Answers
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Answer #2
855 votes
you can file a case for divorce with all these facts. But court will take 2-4 years to decide it. Lady can file many case like 125 crpc for maintenance. Under domestic violence act which have many different reliefs. she can even move to police for lodging a criminal complaint for dowry related offences etc.
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Advocate Vishal Sharma

Adv. Vishal Sharma

LawRatoPanipat | 25+ Answers
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Answer #3
929 votes
You have a good ground for getting a divorce on the ground of cruelty and not dischargein her obligation as wife to her husband and his parents. However I would remind you that your wife taking the advantage of law like DVAct, Maintenance, dowary etc may launch proceedings against you. I therefore before you hit upon take proactive action and do not waste any more time in this regard
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Advocate Subhash Prakash

Adv. Subhash Prakash

LawRatoFaridabad | 25+ Answers
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RAGINI.P.S
MY SECOND MARRIAGE IS REGISTERED ON 04/09/2020 IN GURUVAYOOR CORPORATION. NOW HE LEFT ME ALONE AS HE IS SAYING HE IS NOT INTERESTED TO CONTINUE WITH ME WHAT CAN I DO I DONT WANT TO DIVORCE HIM

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