• How to get divorced when wife not ready

I got married in 2006 and after marriage, we get to know about qualification and other things that they lied. then also we manage and started our life. we have two kids. she always blames me for my extramarital affairs and because of her doubting nature, our marriage life disturbed. then I decided to step out and have an extramarital affair and I had that for long years.but from past 4 years I don't have sort of affair but yes I have friends.now also she blaming me for that. even I caught her red handed talking to her crush. she doesn't do any sort of work at home and my mom is old, patient and she has to manage and suffer because of her laziness. Previously she agreed to give divorce in mutual constant but now she saying she will never give me a divorce, plz suggest me what to do?
Asked 8 years ago in Family Law
Religion: Sikh

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16 Answers

You can file for divorce on grounds of mental cruelty but you have to prove allegations made in your divorce petition

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

3) mutual consent divorce takes 6 months

4) better visit marriage counsellor to resolve your differences

Ajay Sethi
Advocate, Mumbai
99864 Answers
8148 Consultations

Since you are living with your family it is difficult to file a petition for divorce there are certain things in your in your life that gives your wife chances to doubt. you still have friends and you have previous relations as well.

Please speak to your wife and find out a way to get divorce as the separation is must in any case.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Please first solve your issue amaicably. don't go for divorce because you have two children, please try to understand each other.if it is not possible to you then go to the court for divorce by mutual consent under section 13b of Hindu marriage act

Rameshwar Dadhe
Advocate, Aurangabad
34 Answers

Well,both of you seems to have strayed a lot which is not conducive for a long time marital bond.

So better work out for the mutual divorce.

However f she does not agree on this then filing 0f contested divorce suit remains only option.

Contested divorce suit takes lot of time. So remain prepared accordingly.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Hello,

You may file a divorce petition on the ground of cruelity. The same will be a contested petition and will take around 2 years to get decided.

Contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you have to make out a case for mental cruelty

wife accusing husband of having extra marital affair amounts to mental cruelty

record wife constant accusations

audio recordings will help you in making out a case for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
99864 Answers
8148 Consultations

1. You can file a divorce petition but it is very hard to establish any convincing grounds to get divorce from your wife.

2. You yourself admitted extra marital relationships as such your wife may take it a ground for divorce from you, but it appears she is not interested in divorcing you as she is getting money and comforts at your costs.

3. Anyway you may file a divorce petition with strong and convincing grounds.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Concerned

Under present circumstances you may choose to file a contested divorce on grounds of mental cruelty . You may put / use all the allegations facts you may want just note that you will have to prove those at the time of evidence .

Best of Luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

Hi, you can file a contested divorce on the grounds of adultery and mental cruelty

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

if she is not ready to give divorce by mutual consent then you can file contest petition in court, in this your wife consent is not needed and case will go on as trial.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

In case there is no scope of improvement in your relationship with your wife, you have the option of contesting a divorce case against your wife.

Contact a local local lawyer and file a divorce petition in the Family Court under section 13(1) of the Hindu Marriage Act.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can file divorce petition on the ground of mental cruelty against her in a court of law with the help of any good local advocate.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

If you think that this marriage will not proceed peacefully and the tortures are intolerable and that you are pushed to take this decision, you can file a contested divorce case on the grounds of cruelty.

Do not take any decision in haste.

Always try to save the marriage ignoring the trivial issue and the developments.

If she is still living with you together in the same hose, then it will be a very hard time for you after filing divorce case hence you may have to adjust that situation too.

T Kalaiselvan
Advocate, Vellore
90066 Answers
2499 Consultations

Hi

File a contested divorce case in court but let me make it clear to you that a contested matter would take Long time to decide.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

File a divorce on contest

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

1. Since she is not ready for mutual the only remedy for you is to file a petition for dissolution of marriage on the ground of cruelty. Record her cruel acts within the house before going to court as you will have to prove your allegations.

2. Be prepared to face 498A and DV cases which she may file in return.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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