• Non cooperative wife....

It's about to be eight years of marriage now and still my wife is totally controlled by her mother. Things have gone so worse that she has refused to stay with me and neither my parents.... She is totally against my parents and does not consider them as her family members. Now all the efforts of joining has exhausted. Things have come up-to divorce now. She won't be signing the divorce papers. I want to bring an end to this now. How can I get divorce from her?
Asked 7 years ago in Family Law
Religion: Sikh

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10 Answers

You have to file a contested divorce under section 13 Hindu marriage act on ground of cruelty that the wife is not staying along you further want to separate you from the parents, the best way though will be mutual divorce if she is ready, otherwise contesting divorce is only option it has to be filed before the family court where you last resided together or she resides if she is residing separately,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Wife non respecting to in laws and forcing to live separate from in laws, valid ground for divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

File a case of contested divorce against her.

Take the ground of mental cruelty while contesting the above case against her.

What she doing, amounts to mental cruelty on you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

File for divorce on grounds of mental cruelty

2) wife refusing to stay with husband amounts to mental cruelty

3) wife forcing husband to stay separate from parents amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Hello,

Denying to live with the parents of the husband amounts to mental cruelty and divorce can be sought on this ground and therefore you are advised to file a divorce under section 13 of the Hindu Marriage Act on this ground.

It will take 1-2 years for you to take divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If your wife is not accepting for mutual consent divorce, you can initiate the divorce process by filing divorce petition under cruelty or desertion ( to prove desertion, 2 years of continuous separation is required) ground in the jurisdictional family court

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

1) You can apply for divorce in the court on cruelty ground, if she is not signing on divorce papers let court decides divorce decision.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

This is my response to you:

1. If she does not like your company or your parents, then ask her to give mutual consent divorce;

2. There is no use keeping a failed marriage;

3. Approach a marriage counselor or a mediator;

4. Last option is to go for contested divorce.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

If the situation is intolerable and cannot be reconciled then you may file a contested divorce on the grounds of cruelty.

Her attitude towards your parents and the activities based on the ill advise of her parents are some of the grounds for cruelty besides trivial issues.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

Yes, you can file for contested divorce on Grounds of cruelty against husband wherein being the petitioner you would have to prove your case beyond reasonable doubt and then, you'll get a decree of divorce from family court dissolving your marriage.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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