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Want to give divorce to wife not ready for mutual consent divorce


22-Aug-2023 (In Divorce Law)
Hi, my name is nitin . I have married on 27th may 2007. i have two kids. At first my in-laws told me that their daughter is a Bcom holder...but after six months i came to know that she was not a ssc pass also. At that time because of parents pressure i could not file for the divorce. but now the differences are too much. i want to give the divorce but my wife is not ready on mutual consent. in this case what to do? how to file the divorce petition & what will be the consequences of the contested divorce?
Answers (4)

Answer #1
632 votes
Dear client if wife is not ready for mutual divorce then u have file contested divorce on any grounds like cruelty desertion as per yr case. File divorce and lead the evidences before court as per yr case. If yr case prove then u will get divorce.for any legal help call me

Adv prasad patil

Pune
Answer #2
833 votes
there are two options to file divorce it can be done under Hindu Marraige act can be under sec 13 which is a procedure to file divorce in different grounds to get divorce from your wife! You have to contest the matter!
Answer #3
505 votes
8 years have passed since you have married and i don't think that the above case can form a basis for your divorce (non bcom holder) why do you want your wife graduated for a job may be .....but if you want divorce there should be firm grounds other than which you have mentioned to file a divorce petition please visit your lawyer or counsel who can further advise you as to a contested divorce i think you will have to pay maintenance or alimony if she files a suit for it or claims it other than that she can file a case under other laws to harass you. it will be better if you speak to a legal counsel and take his advise.....
Answer #4
655 votes
Hello Sir,

You do not need your wife to be mutually consensual for filing Divorce. You can file a Divorce Petition independently in the Family Court on the said grounds that your Wife has betrayed you about her past and educational qualifications due to which the differences between you both have arisen and you are unable to stay under the same roof.

The Consequences would be that you would have to pay her Allimony/Maintenance for her welfare till the time she re-marries or till she maintains herself by earning herself.

And the custody of the Children depends on their Age & their choice about with whom the children want to stay.

I would advise you to have a settlement with your wife on any decided terms and conditions and then file for a Divorce by consent.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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