Frequent question: What can I do if my wife is not ready for divorce in India?

If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.

What can I do if my wife refuses to divorce?

Hello, If your wife is not accepting for mutual consent divorce, you can initiate the divorce process by filing divorce petition under cruelty or desertion ( to prove desertion, 2 years of continuous separation is required) ground in the jurisdictional family court.

How long does a divorce take if one party doesn’t agree in India?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

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How can I get divorce from my wife without mutual consent in India?

When one of the parties is not consenting to the divorce, one can file a petition in the Family Court. Such a divorce is known as a contested divorce. The grounds for divorce without consent apply to both – husband and wife.

How can I convince my wife to divorce me in India?

If she is not ready for divorce by mutual consent. You can file a divorce petition against her if you have a ground. You are supposed to pay the maintenance which court will decide. But if you really want to live separate , divorce petition is the only option.

Can I leave my wife without divorce?

Legal Separation

In some (but not all) states, you can legally separate from your spouse by filing a petition (request) in family court. Being legally separated is legally different from being divorced or married—you’re no longer married, but you’re not divorced either, so you can’t marry anyone else.

Can wife maintenance without divorce?

yes you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance.

Who suffers the most in a divorce?

Men are more than twice as likely to suffer from post-divorce depression than women. Anxiety and hypertension are common in men after divorce, which can result in substance abuse and in the worst cases, suicide. Ten divorced men commit suicide in the U.S. each day.

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Is it good to marry a divorcee?

She takes independence to a whole other level

A divorce forces women to make a living for themselves without leaning on the men in their lives. By the time she’ll get remarried, you will only be a part of her existence. Believe me, she will never make the mistake of being totally consumed by a man again.

Is one sided divorce possible?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. … Also it can be a reason that you are not having any relation , communication with each other for past 1 Nd half year can be a reason for divorce .

Can you get divorced without going to court?

No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.

Can I get divorce without any reason?

The court cannot force any one to give or not to give divorce to his/her spouse. It can only decide whether the spouse who files a petition for divorce, is entitled to divorce or not. … If you do not want to give divorce then you may contest the divorce proceedings initiated by your wife as and when she initiates it.

How can I divorce my wife without her knowing?

You Must Notify Your Spouse of Intent to Divorce

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There are different ways to inform a spouse of a pending divorce, and with the Court’s permission alternate means may be permitted if you do not know where your spouse is. It’s best to consult with an experienced divorce lawyer.

Can court Force husband to stay with wife?

Under no law the court can compel or force a husband to take back his wife. No court can force co- habitation between a couple. If in the mediation proceedings it is even suggested to the husband to take back his wife he can refuse.

What if only one person wants a divorce?

The truth is that if one person wants a divorce, it can happen. … The court needs to agree to grant the divorce, not the other person in the marriage. As long as the necessary financial and legal issues get resolved, the divorce can be completed with one person never agreeing to it.

When Should I divorce my wife?

(i) Husband and wife have been living separately for a period of one year or more. (ii) That they are unable to live together. (iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved.