• Wife wants divorce without any legal proof

sir i,m married and we both are living separately from last 3 mnths   because she want ,after two year of married relationship now she says she dont love me,she says you dont physically satisfied me and our financial condition is not good, our marriage was arranged and my family demand for no dowry as we are against dowry...everything was going good,now suddenly she says she never love me ,when i ask why you married me ,then she says  that i have given two years to our married life but you never listen to me whenever i says you to do this thing or that thing.....sir i,m a good human being and a husband...i dont have any bad habit..my family and i love here very much ,i have my own house in delhi...and i,m working in mnc.....here family is going against us without any proof....they are only listing there daughter...whatever wrong she is saying.....my father also talk to here father that nothing is going wrong then why she is upset with marriage and spoiling our child life,then here father says we make here understand very much but she says i will not go to my in laws and my husband ........and when we ask why...they says she says that husband is not physically satisfied me and our financial condition is not good,........

Sir you are advocate now you suggest me legally that is this is the reason for here to want divorce from me,and i will not give here divorce because i dont have fault i have make my every effort to become a good husband..and i have always support here in everything.....here family is planning to file a case on us....duty of a good husband i have all that things and guideline of court...me and my family are very upset these days....she want to spoil my life.......will court force me to give here divorce....if she dont want to live with me ,sir if then also she want to live seprate from me she can but i will never divorce here ,i will not marry again and not let here to do.......kabhe na kabhe to usse apne galtiyon ka ehassas hoga and she will back..........please suggest me.........................one thing is clear i will not divorce here and my family is also with my decision.....she is living with here  bhayia in mumbai from last 3mnths....without my family permission and my
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
1)if your wife does not want to stay with you then you cant force her to do so 

2) it is advisable to visit a family counsellor with your wife to save your marriage 

3)if counselling fails and your wife refuses to stay with you better file for divorce by mutual consent .

4) even if you dont want to remarry divorce your wife if she wants a divorce .

5) if you refuse she may file false cases against you of 498A or domestic violence
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. The court cannot force any one to give or not to give divorce to his/her spouse. It can only decide whether the spouse who files a petition for divorce, is entitled to divorce or not.

2. If you do not want to give divorce then you may contest the divorce proceedings initiated by your wife as and when she initiates it.

3. The court can refer the matter to mediation to reconcile your differences.

4. If your wife does not want to live with you then you cannot force her to do the contrary.

5. If criminal cases are filed against you then contest them on merits.

6. Your wife can also sue you for maintenance.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) you are well settled in life . you have your own house in delhi working for an MNC . 

2) you must be earning a decent salary . 

3)if you get a better job no harm in leaving your current employer for better job prospects . 

4)dont force your wife to stay with you . give her time to make her own decision
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Dear Querist
there is no law in india for forcing the party to live with each other if she is noy=t ready to live with you then you or the court can not forced her to live with you.

if you are not ready to divorce her then no need to worry, sit tight and if she filed any divorce case then fight the case on merit till Supreme Court.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. No law of our Country can force her to stay with you if she does not want to,

2. Work with your head and not heart to take matured decision,

3. You should get rid of such marriage where wife wants divorce for no fault ( if the allegation of your not being s*xually capable is not correct) and go for MCD,

4. However, if you still do not want to give her marriage and keep hoping that one day she will return to you, then contest the divorce suit filed by her.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Since you do not want to give her divorce, give them time to convince your wife to see reasons,

2. Contest the divorce suit if filed by her on rceiving the Summons.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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