• Divorce matter

Hello sir,
My uncles marriage were held in 2012 and since 6 years my uncle and his spouse are staying seperate. His spouse was harrassing and she is not ready to give divorce. Is there any way to get divorce as she is not ready to give divorce ??I need your help with this . please let me know as soon as possible..
Asked 6 years ago in Family Law
Religion: Christian

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19 Answers

Your uncle must file a divorce petition in family Court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

From where do you think you'll get divorce if you don't file a divorce petition in family Court? Do you think you get divorce from PMO?? Try it then... Good luck

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Your uncle can file for divorce on grounds of mental cruelty and desertion 

 

2) wife refusing to stay with husband for continuous period of 2 years amounts to desertion 

 

 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Your uncle may get issued a legal notice for restitution of conjugal rights that is to say for inviting her to your conjugal house. If she will not come then, he initiate proceedings for divorce on ground of creulty. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

your uncle 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 within one year from the date of awarding of the said decree then he 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.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Hi,if she is not willing to give consent ,he can file contested divorce petition on the grounds of desertion 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

He can file a contested divorce in this case. 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Yes he can file divorce on the ground of desertion under the hindu marriage act

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes. If she is not ready then uncle can file a contested petition.

you may get in touch for further advice 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

your uncle is advised to file a contested divorce on the grounds of mental cruelty, desertion, but it will take around 3-5  years for its disposal,

also once he files the contested divorce she (your aunty) will surely file/claim;

498a complaint 

Domestic Violence case

maintenance case,

so tell your uncle to be ready for them too,

 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

Uncle can file divorce on the ground of wilful desertion by spouse for continuous 2 years. She may contest but court will grant divorce on merit.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Hi,

You are suggested to file the case for divorce under the grounds of cruelty. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

A contested divorce on ground of cruelty and/or desertion can be filed by the uncle before the court. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes uncle can file a contested divorce before the court. See in the contested divorce uncle has to plead that wife has left and inspite or tries she did not return therefore he is seeking divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi

He can tile divorce case before the family court on the ground of Desertion (he needs to prove the same)

Against which she may file various cases viz., dowry harassment, domestic violence etc.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

For detailed answer, detailed query is required. However I will give u unconventional advice. Some matters are not fought in court, they are fought in mind and strategy. Keep your mind positive and see outside just issues. Females try to herass men and you have to harass her to the core. If you Talkare on talking terms then talk and communicate with her. Try to make records of positive conversation from your side. Make record that you are positive but she is negative. Stretagise to portray yourself as a depressed and harassed man but keep pressure on her. Then try to resolve by mutual consent. Otherwise go for divorce. Get it prepared by a good lawyer. Bad drafting will kill ur case before it is presented in court. 

Good luck

GMGupta Advocate

Gopender
Advocate, New Delhi
383 Answers

If she is not giving consent for mutual consent divorce he may file a contested divorce on the grounds of mental cruelty.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

He need not beg her for divorce if she is not willing to give mutual consent divorce.

He can file a contested divorce on the grounds of desertion and cruelty.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

  1. As per the information mentioned in the present query, makes it clear that your uncle is ready for the divorce, but she has not been agreeing upon it.
  2. Let me inform you about the law on divorce that your uncle can file the divorce petition on several grounds.
  3. He can file it on desertion or on cruelty or on both depending upon the facts and circumstances of your uncle’s case.
  4. And it will only be filed in family court as this is the court to resolve to matrimonial disputes between the parties.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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