What to do my wife is not ready to file for divorce

926 votes

You can file a divorce petition if you are not getting divorced mutually. On the basis of grounds available under section 13 of the HIndu marriage Act, which can be finalised after discussing the same with you. Plz contact me for further assistance

Advocate Paras Anand LawRato

579 votes

Sir in this you have not mentioned the reason for all your suffering . As with out knowing the reason we can not guide you the way to convince your wife for divorce . So first tell the reason then we can guide the way out .

LawRato LawRato

661 votes

Dear Client,

There is a set procedure for filing a divorce. If you want a divorce then it is not mandatory that your wife should agree for a mutual consent divorce. You may file for divorce on certain grounds. Cruelty is one of such ground on which you may file for divorce. It is upon the descrition of the court that if it considers your case to be in ambit of cruelty then you will be granted a decree of divorce in your favor.

Advocate Tarun Sharma LawRato

954 votes

Sir please clarify your query as to which personal law governs your marriage as without it nobody would be able to suggest you any further course of action. So please make sure as to which personal law governs you.

Advocate Bonny Mehra LawRato

741 votes

The law of divorce in India is different for people with different religions. For example in case the parties to a marriage were married as per Hindu customs then there are two kinds of Divorces recognised in law:
1. Divorce by mutual consent
2. Contested divorce.

In case both the parties want a divorce then they jointly file a petition for divorce by mutual consent. However, if one party wishes to obtain a divorce while the other party doesn’t then it becomes a case of contested divorce. In this the party who wants a divorce has to convince the Judge as to why he or she must be allowed to get a decree of divorce despite objections from the opposite party.

The petition for divorce must be filed before the concerned Family Court having jurisdiction to grant a divorce. Furthermore, a person is allowed to raise only those reasons or grounds for divorce that are mentioned in the Hindu Marriage Act.

It would not be possible to answer if you can get a divorce without knowing the details of your case or the reasons based on which you are seeking a divorce.

Advocate Rahul Bakshi LawRato