• Wife not ready for divorce or separation but fighting routinely

We are married for 8.5 year s and have one daughter of 3 years. My wife and me are not compatible and there have been constant fighting from first day of marriage . She frequently insults me over my nature and mentally harrass. We don't have any physical relationship for last 3 years. She is not ready to take responsibility of daughter hence she is not ready for separation or divorce. 
I have 2 home s but do not have regular income as I do share trading. My wife has good wealth and earns around 5 lacs in interest. Also her family is wealthy and own home.
I am ready to take legal responsibility of my daughter but want separation from wife. 
So what are my options
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

Initially you have to live separate for 6 months to start the divorce proceeding.

You may file petition on the basis of cruelty and compatibility ground and please note that the child below 5 years remain in custody of mother for natural reason

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sor if your wife is not ready for a mutual consent divorce then in that scenario you have to file contested divorce under section 13 hindu marriage act on ground of.cruelty as not having sex insulting amounts to cruelty.

Further since wife is earning then in that case not entitled to maintenance .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0


First try to sort out the problem by one to one meeting , if failed ask her to file a mutual divorce.

The court will give her mother the responsibility.


Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

If your wife is refusing to agree for divorce by mutual consent file for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3) wife refusing to have sex amounts to mental cruelty

4) seek sole custody of your daughter

5) court would award you visitation rights at least

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0


You may file divorce on the grounds of cruelty.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1) You can file case in court for Divorce, if you are living separately from her more than 6 months court may grant you Divorce.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) Need for Mediation before Divorce Proceedings in India

2) Mediation is a way of resolving disputes between people in conflict, usually facilitated by a neutral person. Separated families are encouraged to use family mediation to help resolve their disputes about children, instead of using the family law courts.

3) Before the Divorce Proceeding Parents Should Think about daughter future.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi, you have to file a Petition for divorce on the ground of Cruelty and if you able to prove the allegations before the Court then only you will get the divorce.

2. Giving Consent to the Divorce is purely depends upon the wife, suppose if she not ready to give consent then you have no other option you have to file petition for divorce on the ground of cruelty.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

Dear client 1) Ur wife is purely showing cruelty towards you and ur daughter...on the ground of cruelty.. u can file Divorce case against her..

2) secondly she don't want to give you Divorce..

Because she wants all the benefits from u..and social status... And same time she is not ready to take any responsibilities towards u and child..

3) For taking divorce only saying that she is showing cruelty towards you and your daughter.. is not enough... U need solid proofs.. so try to gather proofs.. when she talks with u.. or on phone call conversation.. recordings... That she is not behaving like a good responsible wife and Mom... If u can give all the evidence and proofs ... Then court will pass the decree of divorce..in favour of you..

Pl give RATING for Appreciation...

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

If the situation is intolerable and you cannot pull on with her anymore, you may decide to file a divorce case on the grounds of cruelty and non-cohabitation for a period over two years.

You can file a separate case for child custody since the child is less than five years.

You may gather all the evidences of her income including her ITR for several years to establish her income to avoid paying her maintenance in future if she files a case seeking maintenance.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

1. If she is not ready to end the marriage amicably then you may eventually file a petition for dissolution of marriage on the ground of cruelty and desertion. Since your wife has no cohabited with you for over 2 years continuously it is tantamount to desertion which is a ground for divorce under HMA.

2. If she sues you for maintenance then in order to repel her claim you will have to prove that she is self sufficient.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0


Your wife and you are nit happy in the relationship because if different nature and temperament. This is a ground for divorce. Also you and your wife are not physically close.

Therefore seek divorce on these grounds.

You dont have a regular source of income and she is rich. Therefore she cannot demand maintenance And alimony from you.

Therefore either tell her to file a divorce by mutual consent or file a divorce petition yourself.


Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

This is my response to you:

1. You must first and foremost approach a marriage counselor;

2. If that does not work then try applying for mutual consent divorce;

3. If she still does not agree to it, then you will have to file for contested divorce;

4. Approach a local lawyer and carry forward the litigation process.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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