you can visit a marriage counsellor with your wife to reconcile your differences

2)if reconciliation fails then divorce by mutual consent is best option

3)if wife files for divorce you can contest the divorce proceedings

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

as mentioned earlier divorce by mutual consent is best option

2) if you dont want divorce and wife files for divorce contest the divorce proceedings

3) burden of proof is upon wife to prove allegations made in divorce petition

You file an application under section 9 of hindu marriage act for restoration of conjugal rights in family court.

On your application there shall be mediation procedure in court so that your disputes can be resolved and you can be reinsted together with decree of court . May be mediation will help her to talk and remove her difficulties in mind.

9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]

Dear Concerned,

At times in life you need to decide between Right and Wrong - lets admit the fact that for so unknown reason your wife is not happy with you and want to leave you - we assume their may be a foreign intervention in her life i.e some 2nd person may be the influencing factor that she has taken such a step after 5+ years of marriage or she may be of such independent nature that she does not need a man for her life. Hence a woman who has not be been able to gel well with you in five years may not be willing to spend her life with you. Hence now look at the other side.

As said presently she is willing to file a mutual divorce and relieve each-other from matrimonial duties for ever - Friend you are so lucky that WIFE who does not want to stay with you is relieving you willfully. Divorce her immediately and look ahead in life - imagine you being in kolkatta and she being in Bengaluru and bengaluru being your last place of cohabitation - if she file any flase case such as Domestic Violence or complaint 498A etc - you would be in a fix to travel every now and then to Bengaluru

You would get suggestions for filing Restitution Case under Hindu Marriage Act Section 9 in Kolkatta , BUT remember HM9 is a double edged sword - merely by getting notice of HM9 from court if she files cases in Bengaluru EVEN IF THEY are all false and fabricated you still have to appear to the court and file your reply to prove falseness of her cases.

One another alternate is DISCONNECT - disconnect your self from her life 100% do not speak to her dont meet her in future - let her on her self - and wonder where have you been - SHE MAY - get back to you after a while. OR you will get a clear picture on what you need to do about this relationship.

In a Nut shell - it is you who have to decide whether to stay with this woman or not, however based on information provided by yourself - we wont suggest to stay with this woman.

1) I had read all your above narrated issues of married life. I can consult on you should not go for divorce.

2) try to convince your wife or along with her parents get one meeting set counselor.

3) Counseling session once day her mind may get divert to live happily married life with you. Try to get shift with her in Pune.

1. it is not clear why she does not wish to stay with you when she does not appear to have any affair or any other reason.

2. I would suggest you to go and stay with her in Bangalore for sometime.

3. Staying together and spending private ointments often iron out differences.

4. You should go for holiday trip as well preferably in abroad. In many circumstances the parties have resolved their disputes after coming from holiday trip.

5. If in spire of all these efforts the marriage does not work then it is better to move on life and dissolve the marriage amicably. After all no marriage survives with unilateral effort of one spouse.

Good luck.

Please file for restitution of conjugal rights either in place where you both last resided or where your marriage was solemnized under section 9 of Hindu marriage act seeking the court to ask your wife to join matrimonial home. If she represents case the court will direct the case for mediation and conciliation and there you both can settle matter. Most of matrimonial cases get settled in mediation if there are no much serious damage to marriage.

If a little quarrel is a reason for living separately then when try to identify why she is saying mutual divorce is the only option? In day to day life, a little quarrel is common. If she does not have any valid reason, then you can visit Bangalore to talk with her. To sort out the and if then also no solution is out then to consult a marriage counsellor is an option, you two can opt. The marriage counselling sessions will help you both.

It seems the issue of ego only and as only three months have been passed so even thinking of a mutual consented divorce petition is not a possibility.

Change of accomodation is also an addition to this problem. I think you need to initiate the ice breaking as it is not going to be good at this stage if you separate.

You did not spoke about the children means this could have been an issue of frustration to be looked in.

If possible leave your ego and go back to her and put all your emotions to get back your happiness.

Good luck!!!

Hi,

You are suggested to approach marriage counsellor or dispute resolution society to resolve the issues amicably. You will also come to what's there in her mind and it will be very useful for contesting the cases, if any filed by her.

1. It is you who shall have to take decision as to what you would do under the given circumstances and your Advocate will act as per your instruction giving you legal advice to arrive at your decided goal. In the instant case, it appears that she is not willing to stay with you though you are reluctant to give her divorce.

2. If you refuse to sign the MCD petition jointly with her, she won't be able to file it and shall be forced to file a divorced petition which can be contested by you and it will run easily for 2 to 4 years if well fought by you.

3. If she does not have adequate evidence or ground to seek the decree of divorce her suit will be dismissed on contest and you both shall continue to stay apart for rest of your lives unless she chganges are mind and decides to return to you.

1. First of all please note that mutual consent divorce petition itself is jointly filed and no one party can file it and then take the consent of the other one.

2. So, if you do not sign the MCD petition jointly with her, she won't be able to file the same and shall have to file contested divorce suit which you shall get enough chance to contest and counter her allegation.

3. Generally divorce petition is filed on the ground of cruelty and adequate evidence in support of allegation of cruelty shall have to be submitted by your wife for getting the decree of divorce, which she does not possess.

4. Has she got attached with some other person? Otherwise no acceptable reason could be found for her such behaviour considering the divorce is the 2nd most stressful event in one's life which she is seeking for no apparent reason.

5. Let her file divorce suit to be contested by you fittingly.

thanks for your appreciation

1.It might be prudent on your part to drag the matter, should she files divorce suit, by contesting the suit and the enormous delay might force her to change her mind.

2. However, it will be difficult to pull on with her for a long time ordinarily, if she keeps changing her decisions basing on her whims and fancies.

It may not be the lack of reasons which is restraining her from initiating proceedings against you, it may very well be the lack of patience required to handle a contested matter or her desire to put an amicable end as reasons can be created by her Advocate if she is insistent. This is not by way of scaring you but just to warn you against over-confidence as in each matrimonial case there are a lot of possibilities and probabilities.

While i respect your love for your wife and your desire to save your relationship, there is clearly some hurt or influence which is not allowing her to come back to you. In such a situation, rather than remaining obstinate, i would advise you to agree with your wife. You yourself have mentioned that she is indecisive. It is quite possible that in the cooling off period of 6 months, you may be able to woo her back. If not, there is no bar on the both of you re-marrying each other again after the Divorce. The way i see it, it is more important for you to maintain constant contact with her during this period which may not be possible if you refuse to give her a Divorce. Alternatively, you can file for Restitution of Conjugal Rights but that might makes things more nasty as then lawyers are involved.

If you dont have any problem then what made you both to part your ways and have been living separately away from each other?

There should be some reason or background for this decision(?)

Well, if you do not want to agree for her proposal to dissolve your marriage on the grounds of mutual consent, she may try to file a divorce case on her own by creating some false stories of cruelties and that can be a reason to seek divorce.

No doubt she may not be able to prove cruelty if there was no such incident during the matrimonial life with her.

For the present, since you are living in a far off city and separately away from her, you may remain silent without answering or responding to any move or call from her.

You can remain silent for another three to four months so that she will may realise your absence and may come back to you or you can decide further action on the basis of the prevailing situation at that time.

Mutual consent divorce can be filed only by a joint petition and not by an individual petition.

She may try to file a contested divorce however you can challenge the same properly.

In fact the court will compulsorily send the case for mediation, where you can reconcile the difference in the presence of the mediator.

since you dont want a divorce refuse to agree for divorce

2) let your wife file petition for divorce

3) she would have to prove a;allegations made in divorce petition

The petty things may not constitute for cruelty especially these do not even make sense of difference of opinion between you both.

Disagreements with each other's taste cannot be a reason to led to a divorce case because no marriage will sustain if such petty issues develop into reasons for divorce, there will be no end for it even if you subsequently marry N number of times.

The minor difference between you both are actually nothing but being created since you both dont find reasons for getting separated.

As a matter of fact it is she who is bent upon creating such reasons but in my opinion even that also is not being intentionally by her.

She may be affected by some complex which she failed to notice or you might not have observed.

This outcome is due to the complex she may be suffering.

You both are highly educated and thoroughly matured, both can understand the situation and given, you both can easily sort out all the differences, ignore the minor ill-feelings, can very well continue the marital life in a more happy way than what you both are currently undergoing.

If you are not able to convince her, you both may visit a marriage counselor or a psychologist immediately, get counselled, bury the differences and start living a more understandable married life.

You may put your efforts from your side to save your sacred institution of marriage sincerely.

Sincerely, the grounds what you have mentioned herein may not be sufficient to seek dissolution of your marriage until it is by mutual consent.

1. It apperas that your wife is acting very immaturedly treating matrimonial life casually and being a demanding wife, wants her husband to be of 'BF material' and not a careing and responsible husband.

2. If thias is her state of mental maturity, then similar problems will recurr however hard you try to solve the problem by pleasing her.

3. You have now only one problem i.e. your wife does not want to stay with you as your wife without having any reason, acceptable by law, for terminationg her matrimonial relationship with you for which she is forwardinfg her self concieved ground being 'you are not a BF matrial' or 'can be a fruiend but not husband' etc.

4. If you can gather evidence of her such claims as ground for her seeking the decree of divorce in any form (text, audio or video recording), then you wikll be able to contest her divorce suit fittingly and he will hardly have any chance of getting the decree of divorce.

Sir looking at the fact your case I would strictly advise you don't go for divorce or anything it just small issue you both can talk out.

Ask her for some marriage counselings if she doesnot agree file RCR in mediation you both can talk it out but keep in mind going court even for RCR can increase differences.

So it always better to handle it family wise looking at time of marriage and your career you can afford a holiday and you can there settle a issue this is no issue for divorce at all you both will he harassed in legal proceedings for no reason. You should give it a shot try talking it her way

I'm no marriage counsler but seen cases where these small things can be settled just with little understanding and time.

Wait for wife to file for divorce

2) then file detailed reply denying the allegations made against you

Hi brother,

I have read all your words and I am of the opinion that you are a realistic and practical person whereas she is guided by fantasies and dreams which are mostly not clear and true. You need to be bold and not guided by emotions. In fact it is very difficult for a person to keep in your company, who has dead feelings for you. Be bold move ahead and take strong decisions.

Frankly speaking, ther is no case with either of you warranting a divorce.

She may try to make hill out of a mole.

Her outbursts are unreasonable or may be she is suffering from some sort of inferiority complex which even she wont be able to identify or realise.

This may be a result out of the frustrations caused due to the complex she may be suffering.

Or she may be too possessive of you that she expects more of you and the disappointments have resulted in to petty quarrels developed into a big quarrel.

Thus this has become an order of the day between you two.

Though you understand the gravity, you are not initiating any step towards a peace and happy living.

You must put your efforts to reconcile the differences more harder.

In my opinion, I dont see there is any valid reason seeking divorce between you two.

You can consult a local advocate for a discussion at length on the subject matter.

See the issues or whatever allegations she raised are problem of every other household in metro cities where both individuals carry more ego and expectations, now if you simply want to save your relation ask her for a holiday as you sound a wealthy man, secondly clear her misunderstandings dont let these thing ruin your married life.

Apart from that these things are no ground for divorce and marriage can be concealed by efforts further instead of sending her to counselling you can join her too for marriage counselling or file RCR and let court mediate on your issues,

1. It appears that you have been too soft on her in even listening to those strange allegations which she things are valid grounds to ask for mutual consent divorce.

2. If all the above allegations are sorted out, she might come with fresh allegations like, you snored on the first night or there are too much of hair in your nostril etc and also might say what one of my client's wife in Canada asked him at night 2 PM after awakening him from deep sleep "why your complexion is so black"? There will be no end to it.

3. It appears that she has taken things for granted and time has come for you to put your foot down and tell her that marriage is not a joke and you are not interested for MCD.