Hi

Sorry to hear about your situation.

Let me make it clear to you that if after all your efforts she is not ready to come back then please don't waste your life and money in legal battle. Go for Mutual consent divorce and move ahead in life. All the best

Thank You

Well, no marriage survives without mutual will, trust and love which is sadly lacking in your wife presently.

The legal remedy, if any, is of no help to you.

So you have yo continue to passionately plea with your wife. If that doesn't work then ket her go. Any further attempt to get her back may make her desperate and frustrated which would entail false criminal prosecution against you and your family.

It is advised that you file a case of divorce by mutual consent, you can not force her to live with you.

Though some advocates might advise you to file section 9 but the same is of no use.

Go for mutual consent for convenience

Regards

You can only convince her to resolve the same mutually. She will not get a divorce on ground of your health if you don't agree for mutual consent divorce. There is no other way as live can't be enforced through law. It your personal choice to agree to mutual consent or not. Good luck and take care of your health. God is great.

As, looking she is fully not interested to continue with you and that was the reason she had taken the hard step of abortion.

You, have one option to call her back to your life legally and that is by filing a suit for restitution of conjugal rights and thereby you can prayed for a favorable Order of joining her your life .

Even, if you will get the judgement in your favour , what will be the result ,NIL , Because she is not interested to continue with you mentally.

Try to solve the matter with the help of your and her family members as this is not the way of separation.

If, you dont want to live separate without her then wait and let her file a case of divorce in the court.You can settle the matter in dispute in that case as well.

hi, for reconcellation of marriage you can file a RCR petition..However. it will not have much effect if she has made up her mind and is admant to get divorce...For the time being you can refuse for mutual divorce and can make efforts to convince her ,but if she is not willing then it is advisable to move ahead with mutual divorce

Divorce by mutual consent is best option

2) your wife does not want to stay with you and has aborted unborn child

3) you can file petition fir RCR under section 9 of HMA but cannot force wife to stay with you even if you get a decree

Dear Concerned,

A woman who has terminated the pregnancy without your knowledge and also now want to Divorce you due to your ill health - is not a woman to be with - WITHOUT any second that LEAVE her as she is willingly giving your divorce.

Lucky are those whose wife agree to give divorce without creating issues for her husband.

Best of Luck

I am so sorry to know about your plight. My thoughts with you. I can understand how much emotional stress and pain you must be going through. To cope with physical health issues and with mental stress at the same time is very difficult.

Legally speaking there is no ground on which your wife can get a divorce from you. You may be suffering from a cardiac problem, but you're not suffering from any venereal disease (which is a ground for divorce). You can fight tooth and nail, and can even win the legal battle too.... the chances are very bright in your favor. But given the situation, as explained above by yourself, I suggest you to give divorce to your wife by mutual consent as she does not wish to continue this marriage anymore and even aborted the baby without your knowledge and consent just for the sake of getting separated from you in future. There is no point in continuing this marital relationship when there is no love between your wife and you. Even though you might be loving your wife a lot, your love and warm feelings for your wife needs to be reciprocated from her. Otherwise one sided love is senseless, will lead to more fights between both of you, and ultimately cause more physical and mental trouble to you. Hence my advice, not just a legal but a friendly advice as well, would be to go for a mutual divorce and end the marriage as painlessly and as quickly as possible.

As you know, marriage is a union of thoughts and if that breaks, all go loose.

You can try the best to be with your family, if not, go for mutual consent. Otherwise, if they plan to harass you, that will aggravate your health.

See you can try once about the petition under section 9 i.e. restitution of conjugal rights against her in the court of law with the help of any good advocate. Under which if court convinces then court can order to continue the marriage life.

On the other hand if you are very much sure that she will not change her mind then you should go for MCD.

If she is not willing to go ahead with this relationship a mutually concerned divorce will be the best option to take.

However if you want to retain this and would like continue you may file RCR under section 9 of Hindu Marriage Act.

Heart procedure could not be the basis to take divorce but since she is not attached to you that is reason to opt for divorce.

Frankly speaking at this stage of your relationship it is better to be separated because this relation is based on love care and sharing and if these elements are missing this will give more pain.

The divorce case may be strached taken too long if required by not appearing or by taking dates

1. You may file a petition for RCR to seek a decree to your wife to resume cohabitation but bear in mind that no court can force her to live with you.

2. Seek counselling through a marriage counsellor to iron out your differences, and this also proves futile then you may file mutual consent divorce. No purpose is served by keeping alive on paper a marriage that is dead for all practical reasons.

Mister, i sense you are deeply in attachment with your wife so you can file Conjugal Right Petition in Family Court to bring your wife back and can take a chance. Practically speaking, though your mind is in her it is not your wife's situation. It is at all clear that She doesn't want to proceed this relationship otherwise she would have not aborted your child and would have took your care in serious health issue. In future though Court Order will be in your hand it will be nothing but wastage of time and money, better to give a consent in mutual consent Petition.

Or otherwise do a trick file a Conjugal Right Petition, prolong it so if time goes in years during pendency of matter her mind may change and she will continue with this relationship.

1) As the issue and facts stated by you, that your wife wants a mutual consent divorce.

2) You go as per her wish as of now, the court will any how guide you both towards counselor.

3) Here the counselor play very important role, you insist on your point that you do not want to go for divorce.

4) Explain him/her all your issue and you want that you're wife to stay with you forever or life long.

5) Here at that stage you will get you're answer not now.

Respected sir...

There are two things ...What you want and what your wife want ...Sir at this time ahe is saying for divorce With mutual consent what if she will file a number of fake Case's such as 498-A Ipc,D.V act ,125 Crpc ...Sir mutual consent divorce is much better than all these fake cases ...If you want her to be with you you have to file a petition under section 9 of HMA seeking RCR on which Court will pass a decree on merits ...But in lew of this she can file fake Case's ...

Sir another important point ... After divorce wife is still entitle for maintenance from her husband under section 125 of Crpc so that will to be considered and mention it in your statements in court at first or second motion ...Else you can file a petition under section 12 of HMA where you can ask nullity of marriage then each and everything will be finished ...

Make your mind clear I have told you all the probable measures...

Thanku

If you are still hopeful of this relationship and do not want to give up on this, there's no need to give your consent for MCD.

Let your wife contest a divorce against you, if she's so keen of doing so. You will get the full opportunity to defend her plea of divorce.

If he has abandoned you already, file a petition for restitution of conjugal rights.

You can always refuse to give her divorce whether mutual consent or contested.

If you are not willing to dissolve the marriage then you an strongly object to her divorce petition.

You can refuse mutual consent divorce too.

You can even file a petition seeking restitution of conjugal rights.

However, please remember that you nor the court or any law can force her to live with you if she is stubborn, unwilling and refusing to live with you.

Hi,

If she is not willing to continue life with you, you are suggested to go for mutual consent divorce and without paying anything to her due to your health reasons. Thereafter, start life afresh.