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What if wife wants divorce and husband does not ?


14-Jun-2024 (In Divorce Law)
I am a salaried Hindu woman, 28 years old. married in 2008, 2 children (girls), 8 years & 7 years. living separate from husband for one year (with my parents). Husband tortured physically & mentally, abused my parents. Threaten to kill the kids if i ask to act against him. Now i am living with my parents for one year and no contact with my husband for one year. He try to contact or call me sometimes but i don't respond. He is not agree for divorce. I could not live with him in any circumstances. I want divorce. Please suggest me, what to do ??? how to get divorce if husband is not ready ?
Answers (5)

Answer #1
436 votes

Under the Hindu Marriage Act 1955, a spouse can file for divorce on the ground of cruelty after the lapse of one year sice the date of marriage. The steps involved in getting a divorce on the ground of cruelty are as follows:

  1. Consult a lawyer: The first step is to consult a lawyer who specializes in family law. The lawyer will be able to guide you through the legal process and help you understand your rights and options.

  2. Gather evidence: It is important to gather evidence to support your case. This can include medical records, photographs, witness statements, and any other relevant documents.

  3. File a petition: Your lawyer will help you file a petition for divorce on the ground of cruelty with the appropriate family court. The petition should include details of the acts of cruelty and how they have affected you.

  4. Serve notice to your husband: Once the petition is filed, your lawyer will serve a notice to your husband, informing him of the divorce proceedings.

  5. Attend court hearings: You will need to attend court hearings to present your case and respond to any questions or objections raised by your husband's lawyer.

  6. Settlement negotiations: If both parties agree, settlement negotiations can be entered into to resolve any outstanding issues such as property division, child custody, and maintenance.

  7. Final decree: If the court is satisfied with your case, it will grant a final decree of divorce, which will legally dissolve your marriage.


It is important to note that the process and requirements for obtaining a divorce may vary depending on the specific circumstances of your case and the laws in your jurisdiction. Your lawyer will be able to provide you with detailed guidance and advice throughout the process.

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Answer #2
733 votes
You can file a divorce petition at Family court on the ground of cruelty if you have evidence of physical and mental torture by husband like pH recordings n messages or witnesses. You will get divorce n you don't need to worry.
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Answer #3
587 votes
If your husband doesn't want to give you divorce than you can file divorce case on basis of desertion and cruelty and dowry .than in maintenance case also .than court will decide and you can get divorce .
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Answer #4
511 votes
You can get divorce even if your husband is not ready. You should file divorce petition on the grounds mentioned in hindu law with consult of your local lawyer. You can even draft your petition from any advocate and file it. The petition must be drafted after detailed discussion with you.
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Answer #5
989 votes
Proceed with good Divorce lawyer several ways to obtain divorce even if husband is not ready to give divorce apply to family court, expedite case , work with lawyer advice, exparte divorce, approach high court, this type of divorce cases should be dealt with specialist.
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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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