Wife is not ready for divorce and I want divorce what option do I have

801 votes

As per your question you want divorce from your wife because this marriage solemnized without your consent can you prove in the court plz read hindu marrige act Section 5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely- neither party has a spouse living at the time of the marriage at the time of the marriage, neither party- is incapable of giving a valid consent to it in consequence of unsoundness of mind; or though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or has been subject to recurrent attacks of insanity or epilepsy; the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage; the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two." Marriage of a female less than 18 years of age or a male of less than 21 years of age. Marriage is voidable and not void. Marriage will become valid if no steps are taken by such "child" seeking declaration of marriage as void.[8] The conditions[9] Marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage;[10] The conditions also stipulate that at the time of the marriage, neither party is incapable of giving valid consent or suffering from a mental illness that inhibits their fitness for marriage or procreation of children or suffering from recurrent episodes of insanity or epilepsy. In the original Act, the age of valid marriage was fixed at 18 for the boys and 15 for the girls, however this age requirement was later raised to 21 and 18 respectively for the boys and the girls through the Child Marriage Restraint (Amendment) Act 1978. Finally, the Act specifically disallows marriages between prohibited degrees of relationships.[3]

Advocate Chandrhas Singh LawRato