• How to file divorce

I am married since 2009. I have kid of 6 years. Me and my wife were working in same govt institute thus were living in the same govt accommodation. but, We live in seperate rooms due to her illiterates behaviour. We do not have any physical intimacy from last 4 years. Neither we talk to each other. I dont wanna see her face and asked her for divorce but she is not ready for mutual consent. I dont understand what to do. I cant live with her anymore. How i can file for divorce. She got transfrred last month.
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

1) file for divorce on grounds of mental cruelty

2) please note that contested divorce cases take 5 years to be disposed of

3) you have to prove allegations made in divorce petition to be granted divorce

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
99824 Answers
8148 Consultations

Hello,

1) You need to have a reason for filing for divorce in a court of law.The most common reason is metal cruelty and her refusal to have physical intimacy is indeed mental cruelty unless she has a medical situation that does not allow physical intimacy.

2) You can file for divorce on grounds of cruelty in the place where you lived together as husband and wife for the last time, where you go married or where she now lives. As she is earning you won't have to pay her a maintenance.You are liable to maintain the minor child and continue to support it until it turns a major.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

in your divorce petition you have to mention that wife constantly abuses you

2) wife abusing husband amounts to mental cruelty

3) narrate various incidents of mental cruelty

4) mention that wife ha refused sex for last 4 years

5) refusal to have sex amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
99824 Answers
8148 Consultations

Hello,

1) It is not easy to prove cruelty, however you will have to narrate all the little incidents and instances in your entire married life that displayed her lack of care and regard for you and your family and children and besides the fact that she has refused to have physical intimacy for a great length of time can be cited as the severest cruelty in your petition for divorce.

2) Evidence in petition for divorce are base on testimony of people in the absence of tangible evidence like physical records of events . So you can get people near you to testify. Make sure you meet a seasoned lawyer who can draft very good petition to help your cause.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Though you both are living under the same roof, yo both are living separately in different rooms and not even in talking terms.

There has been no cohabitation between you both for more than 4 years.

All these and plenty of other practical issues constitute grounds for divorce on the grounds of mental cruelties and difference of opinion, incompatibility.

You may file a contested divorce on the grounds of mental cruelty if she is not agreeing for a mutual consent divorce.

T Kalaiselvan
Advocate, Vellore
90025 Answers
2497 Consultations

In front of other family memebers she make a drama that she is ready to adjust. But now its too late. I cant compromise with her. As now we do not talk to each other. How can i file a case on cruelty ground as having no such evidences. The time when she abused me, at that time i never have thought of divorce. I tried a lot to maintain it. But now its over i have no feeling for her. Please suggest me a way to ger ride of her

For filing divorce on the grounds of cruelty you dont require any evidence.

Also you cannot produce evidence for the events that happened within four walls.

You can go ahead with the divorce case on the grounds of mental cruelty.

T Kalaiselvan
Advocate, Vellore
90025 Answers
2497 Consultations

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