• Want divorce but wife not ready and not moving out

I have been married for 5 years and have a test tube baby 1 year old. Me and my wife never shared a good relation and never had love or compatibility. We tried these years to like each other but not successful. Time and again she keeps alleging me of extra marital affairs, keeps figting and there is no peace. We dont have any relation not even a simple talk. I have discussed with her few times to get separated and also agreed to pay alimony or take responsibility of upbringing the child and offered to keep the child. But she is not ready to separate and threatens that i can do whatever i want to do but she wont leave. N now she is also asking me to give her big amount of monthly expenses each month despite staying in same house. 

I am mentally tortured and in depression. How can i get divorced ? 

Can i go and stay somewhere else for mental peace under medical ground of depression ? ( present house is of my father we live with my father and mother )

Please help
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1. You are making a compromise for no good reason.

2.No marriage survives by this and you will have to take a decision if you wish to come out of this deadlock.

3.If she is not ready you can become separated from her and then file a contested suit for divorce.

4.if your wife is unemployed then you are liable for maintenance anyway.

5. You can file the a matrimonial suit anyway even without coming out of this proeprty.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1) file for divorce on grounds of mental cruelty

2) wife accusing husband of extra marital affair amounts to mental cruelty

3) wife abusing husband amounts to mental cruelty

4) if wife is not working she is entitled to one third of your income as maintenance for herself and child

5) wife has no rights on property standing in name of her in laws

6) stay with your wife in separate accommodation

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

1. You are free to reside separately from your wife. You are also at liberty to file a petition for dissolution of marriage on the ground of cruelty which you will have to prove in the court.

2. If she files a case for maintenance you can contest it on merits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

For the present you can file a petition seeking judicial separation under section 10 of HMA erven though you both reside under one roof or same house.

The reasons you have cited or enough to seek judicial separation or even divorce on the grounds of cruelty.

There is no restriction for you to live separately away from her and nobody can compel you to live with her together against your willingness.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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