• How to proceed for divorce

Hii I am married for 3 years & have no kids and have developed marital problems. My wife doesnot want to live with my family at my house reason being she doesnot want to to do household chores and only wants to lead a luxurious life. She left me 9 months back and has clearly refused to come back. she has also threatened me to file police complaint on grounds of threat to life if we at all she is pressurized to come to my house. She is earning 25K and has been working since 2 years. Plz guide me how should i proceed to get divorce as I fear that she may implicate my family is false case and extort money in name of maintenance and alimony. Her family had paid a dowry and I am ready to return every penny of it. Plz suggest me a way to get out of this toxic relationship
Asked 1 year ago in Family Law
Religion: Hindu

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14 Answers

Well, to dissolve the marriage the most convenient and expeditious way is to file suit for mutual consent divorce.

Since it requires consent of both parties , in the context of her refusal of the same you have only option of filing contested divorce suit .

In such suit if your allegations are proved then the court can pass decree of divorce. it takes time though not less than 3-4 years.

Since you wife earns income , she is not entitiled to get maintenance.

Devajyoti Barman
Advocate, Kolkata
20290 Answers
287 Consultations

5.0 on 5.0

1) you can file for divorce on grounds of mental cruelty 

 

2) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce 

 

3) return dowry received by you before wife files  dowry harassment case 

 

4) in event you file for divorce wife would claim interim maintenance and alimony 

Ajay Sethi
Advocate, Mumbai
75976 Answers
4544 Consultations

5.0 on 5.0

Best way is to convince her to go for a mutual consent divorce, which is the fastest and easiest way to end the relationship with your spouse.

If she does not agree for mutual consent divorce, you will have to file contested divorce case on grounds of cruelty as wife asking husband to separate from his parents amounts to cruelty and is a valid ground for divorce under section 13 of Hindu Marriage Act.

Siddharth Jain
Advocate, New Delhi
5492 Answers
62 Consultations

5.0 on 5.0

Hello sir,

Please be advised as follows:

In the present scenario you have 2 options:

1. Either you can file a petition under Section 9 of the Hindu Marriage Act, for restitution of conjugal Right. Since there is no substantial reason for your wife to leave you and go , the court might direct her to come and stay with you and make efforts for restoring the marriage.

2 .Or you can file a divorce petition under Section 11 of the Hindu Marriage Act, stating the ground that she does not want to live with your paeentp and even asking you to get separateted which amounts to "Cruelty" as per the latest Supreme Court Judgment and is ground for divorce.

 

Thank you .

Revert in case of querry.

Harshit Singh Jadoun
Advocate, Noida
68 Answers
1 Consultation

5.0 on 5.0

Best option is to get it dissolved through mutual consent .

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
1738 Answers
8 Consultations

4.9 on 5.0

if you want to rejoin matrimonial knot (i know you don't want, still), then, 

try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,

and,

if you want to terminate the matrimonial knot, (which you actually wants) then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and also make an offer to return the dowry amount/articles and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty, separation but it will take around 4-6 years,

also once you file contested divorce she will surely file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to

file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc 

Suneel Moudgil
Advocate, Haryana
2126 Answers
3 Consultations

4.7 on 5.0

You can try to approach her for a mutual consent divorce but if she is not ready then you don't have any option to file contested divorce against her.  You don't get worried for false cases as you can take anticipatory bail for your family

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

Dear client, 

This is for definite if you will file diovrce, she will file police complaint of domestic violence and dowry demand.

So don't be hasty and wait for some time. Procure evidence that she her self willingly deserted you and forcing you stay away from parents. 

Once you will have such proof, her complaint and demand for alimony will not bear any fruit.

 

Yogendra Singh Rajawat
Advocate, Jaipur
19451 Answers
25 Consultations

4.5 on 5.0

See if wife is also ready for divorce then you both can go for mutual divorce and you can pay her some alimony and the amount received in the marriage.

If she doesn't agree for mutual divorce then you have to file a contested divorce on ground of cruelty against your wife. Also file a police NC that she is threatening for false case and willingly deserted you 9 months back,

Shubham Jhajharia
Advocate, Ahmedabad
24964 Answers
99 Consultations

5.0 on 5.0

Hello, 

Denying to live with the family members amount to mental cruelty and as such you may file a divorce case on the said ground. The implications can be that she will file cases against you, which you will be able to tackle. 

Get in touch with a local lawyer who may file the same for you. 

File a NC in advance if they are threatening you and move to Allahabad HC as soon as the FIR is registered against you. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17744 Answers
290 Consultations

5.0 on 5.0

If you feel that this may not be possible to continue with the marital life anymore, you may decide to discontinue the same by filing a divorce case agaisnt her on the grounds of cruelty.

But before that you may explore the possibilities for a reconciliation so that you can save the marriage because this appears to be another trivial issue only.

Since she is employed and earning a handsome salary and there is no children born to your out of your marriage, she may not be eligible for maintenance or alimony.

However she may file a dowry harassment case to take revenge on you.

You may obtain AB at that time and challenge her case properly in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

You can file section 9 RCR  if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony. 

Mohammed Mujeeb
Advocate, Hyderabad
16593 Answers
11 Consultations

4.5 on 5.0

It has been recently held that, wife not doing household  chores amounts to cruelty. Other reason for you to seek divorce from your wife on the ground of cruelty is that your wife has refused to share home with your parents, i.e., her in laws. Fit case that you apply for a divorce. As regards to any false criminal case that she files against you, there's no routine and mechanical arrest in 498 cases anymore and you will get sufficient opportunity of defending.

Vibhanshu Srivastava
Advocate, New Delhi
8980 Answers
162 Consultations

5.0 on 5.0

Dear client 

The best convenient and fastest way to get divorce is to go for mutual consent divorce under section 13-B of Hindu Marriage actbecause in this way she cannot file any cases after the divorce and if you pay her one time alimony and make a condition for not giving any further maintenance. Also make a clause that no party will file any case after the divorce regarding matrimonial relationship. 

But if she doesn't agree for that than you have to file divorce under section 13 of Hindu Marriage actand in this case you have to get your self prepared for counter cases filed by her like domestic violence case, maintenance case and police case under section 498 A. 

So my suggestion is that you should go for mutual consent divorce to avoid further problems and proceedings of court. 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

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