• Wife does not want to continue marriage nor give divorce

I got married in Feb 2015 to my partner of 5 years in a live-in relationship which was accepted by both my parents and hers. She stayed with us in our home. She has been divorced once before. This is my first marriage. I am 36 and she is 42. Since August 2016 she has left me and refuses to divulge where or with whom she stays, she cites my drinking as an excuse, which i have not partakena a drop of since one Aug 2016. 

I am asking her to either give the marriage one more chance or to file a divorce, but she will do neither. The reason for not giving the marriage another chance being that; her capacity to love me has ended therefore there is nothing she can do about it. She gives no reason for not filing a divorce. As a Husband i am extremely disturbed by her callous answers and to her staying away somehwere without divulging her whereabouts. Since August i have been under deep depression and under medication as result i can neither work nor study, i have a non existent social life because she took me to psychologist and has me believing that i am a schizoid. And as a result i cant socialise. 

Please Help me. What are my options. I still love my wife very dearly and i doont want the marriage to break without atleast trying to save it. But at the same time i am unable to deal with her absconding like this. Please note : i know where she works. but i have not ventured to go to her office because it might embaress her.
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1. Well,be form and meet her once to have candid talk for the purpose of knowing her actual intentions.

2.Many a disputes gets resolved of the gap created by ego and anger is bridged by walking the proverbial extra mile which can be taken by you for surviving the marriage.

3. I am sure if both of you stay separately in a holiday trip then problem may get resolved.

4. Another option is to file a suit for restitution of conjugal rights.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1) file for divorce on grounds of mental cruelty

2) wife refusing to stay with husband amounts to mental cruelty

3) wife making false allegations against husband amounts to mental cruelty

4) contested divorce cases take around 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Dear Querist

Immediately file a RCR petition Under section 9 of Hindu marriage Act-1955 for restitution of Conjugal Rights and pray to court to refer the matter before counselling by which you can try to save your marriage.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You can file for Divorce Petition. Upon serving notice, she has to appear before the court. When she Appears before the court,you ask the court to mediate the issue and help in saving the marriage. Even after mediation, if she refuses to give divorce mutually or refuses to live with you, then you continue with contested divorce petition.

If she doesnt appear even after service of notice, you can assume that she is nkt interested in marriage as well as fighting the divorce case.

Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

5.0 on 5.0

If you want to save your marriage, yo can first send a legal notice asking her to return to the matrimonial fold

You can even plead to remain proper and cooperative with her and would take care of her and the kid properly.

If she is not responding to your notice, then you may file a petition before the family court seeking restitution of conjugal rights.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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