• Divorce

I am a Medical Officer working in a Municipal corporation. My Wife is a lecturer in Medical college & is daughter of a divorced family raised by her father. We have had an unhappy relationship, though we have 2 daughters. Because of certain incidences my wife & my parents have stopped interacting with each other. She is not interested to bridge gap at all. Though I & My wife stay together Since being married , The marriage has become sexless & there is no intimacy & she isn't keen on improving the relationship with any one in the family including me. Can I give her legal notice to file Divorce case ? Do I require to be separated for filing case of Divorce under Clause of Cruelty?
Asked 6 years ago in Family Law
Religion: Hindu

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11 Answers

Dear Client,

For filling diovrce case, no need to stay separate and denying for cohabitation and mental cruelty valid ground for divorce.

You can process for divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

You may file for divorce being under the same roof on the ground of non cohabitation which is a cruelty within the meaning of marriage act.

However, if both of you are agreeable for divorce, then file a petition for mutual consent divorce on agreeable terms and this process will be faster.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

Neither a legal notice nor Separation is a condition precedent for filing a divorce case.

Sunita Bafna
Advocate, Mumbai
20 Answers

Not rated

You can request your wife for divorce by mutual consent

2) if she refuses file for divorce on grounds of mental cruelty

3) wife refusing to have sex amounts to mental cruelty and is ground for divorce

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Hi, yes you can file a contested divorce petition on the grounds of mental cruelty .. However , merely the ground of denial of sexual act cannot be a ground of divorce

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Separation is the basis condition for 6 months and then you may issue notice or file a divorce petition on cruelity and desertion.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

This is my response to you:

1. You will need to be separated before filing for divorce;

2. You can directly file a petition for divorce;

3. But before all of that approach a marriage counselor and try to mediate your disputes and settle it;

4. If there is irretrievable breakdown of marriage then go for divorce;

5. Also it is advisable to go for mutual consent divorce rather than contested divorce.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You can serve a legal notice for divorce to her even if you are cohabiting together and there is no bar that is spouses have to be separated in order to file for contested divorce on grounds for cruel.


Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1. There is no requirement to send a legal notice for divorce. You can file the petition for dissolution of marriage without serving any legal notice.

2. A marriage without sex has been held to be anathema by the Supreme Court, hence is cruelty.

3. No separation is required to be able to file the petition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Yes you can file a divorce case. Denial of matrimonial dues is cruelty.

2. Yes. there is a requirement to be separated before filing divorce. But separation can be even when 2 parties are staying under the same roof without a matrimonial relationship between them. If you can prove this, you will be able to use the clause of cruelty.

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

If the situation is intolerable and if you feel that this marriage is dead and no chances for reconciliation then you may decide to part your ways with her by a decree of divorce through a court of law.

You may even file the divorce case directly without issuing notice.

Since you both are living separately even though under same roof, this is sufficient to prove the mental cruelty, besides other grounds or reasons.

You may proceed as per your proposal after consulting a local lawyer.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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