I have very severe compatibility issues with my wife She is very difficult to live with. It has been 20 years. Now I can't tolerate anymore. I need divorce. I have two kids. I am ready to support my kids but I don't want to give anything to her.
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Irretrievable breakdown of marriage or non compatibility is not a valid ground for divorce under Hindu Marriage Act. Divorce can be filed under section 13 of the Hindu Marriage Act where in several grounds for contested divorce are mentioned such as cruelty, adultery, desertion etc.
Also stateas to whether your wife is working or has any source of income of her own?
You have lived with these issues for 20 long years, wait for a few more years and your children will turn majors, after that you decide if you still want a divorce.
In India you cannot apply for a divorce on grounds of non-compatibility, only grounds of cruelty, extra marital affair, so if you wish to proceed you can only on these grounds. Also in order to be eligible to file for divorce you both must be staying separately for a minimum period of 1 year.
1. Well after living with your wife for 20 long years it will be very difficult to get decree of divorce in the contested suit for dissolution of marriage.
In other words unless your wife agrees for mutual divorce you should not keep much hope to get rid of your wife legally anytime soon.
If your wife is without any independent source of income then whether you get divorce or not your liability to maintain her @ 1/4th of your income till her lifetime continues.
So decide accordingly.
If you file for divorce you have to prove allegations made in divorce petition
2) you would have to pay wife interim maintenance and alimony if she is not working or if there is substantial differences in your income
If she is not working and dependent you need to give her alimony. You can't avoid it. You need to also give child support
Dear Sir
Is your wife earning .
If so then you can have chances of evasion of maintenance. Else you can try for one time settlement.
Dear Sir,
You can file divorce case against your wife on cruelty ground and get decree. But you have to maintain your wife and children after divorce also.
If you will file divorce, definitely she will contest it and will also demand alimony. And If she is non earning, court will certainly grant her maintenance.
Compatibility is not a available ground of divorce under Hindu Marriage act, have to raise ground of cruelty -
If you will file divorce petition.
She will file 498a criminal case against you.
If your wife is not working or not having source of income then she will file maintenance case against you and you have to give her maintenance.
But if there is no chance then you can first of all try for mutual consent divorce
You can file complaint first one cruelty base and than file case in the court.
You can file Divorce under section 13 Hindu Marriage Act under cruelty mentioning the acts of cruelty against her.
You must have some ground for divorce. Divorce at will is generally not granted by court or even it is granted court will certainly grant maintenance to wife.
Is your wife ready for divorce?
Regards
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
5. If you opt for contested divorce, then any one of the conditions have to be satisfied:-
(a) After marriage, voluntary sexual intercourse with any person other than his/her spouse
OR
(b). Treated the petitioner with cruelty
OR
(c). Has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the presentation of petition
OR
(d) Has ceased to be a Hindu by conversion to another religion
OR
(e). Has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder
OR
(f). Incurable form of Leprosy
OR
(g). Incurable form of VD
OR
(h). By entering into any religious order
OR
(I) Has not been heard of as being alive for a period of 7 years or more.
6. Normally alimony is granted to the spouse at 1/4 th of the other spouse's earning. Alimony is granted based on the duration of marital life, the earning capacity of the spouse, any change in financial status of the status, etc.
Please have patience. File your divorce petition and claim the custody of children . It will be contested divorce on compatibility issue and you should be ready to pay the maintenance to your wife as is not in adultery and not working as well.
you may file a joint petition or otherwise file a petition under the ground of cruelty.
1. It cannot be that you can get away without paying anything to her if she is not self sufficient. A husband is bound to financially support his wife if she is not self sufficient.
2. You are free to file a petition for divorce on the ground of cruelty.
You must have a ground (which is envisaged in Section 13 of the HMA 1955) to get a divorce or if both have issues, you both can file for mutual divorce. Giving maintenance or not will be purely based on the facts.
Hi
It is not an easy task to get divorce.
You need to prove your case by supporting documents / evidence.
If file for divorce, you may have to face 498-A, DVC, Maintenance cases from her side.
Law will not give your divorce without settling with her i.e., maintenance / alimony etc.
Think, discuss with family members & welwishers before taking final call.
Good Look
If the situation is intolerable and it would be difficult for you to continue this married life anymore, you may decide to quit this married life by first asking hr to agree for mutual consent divorce, if she refuses then you may file a contested divorce on the grounds of cruelty by making the pleadings narrating all the bitter events that took place in the past, chronologically.
If she is unemployed and has no income to sustain her expenses, then you may have to pay her maintenance by an order of court if she files a petition seeking maintenance.
Approach the Family Court and file a divorce petition against your wife under the provisions of section 13(1) Hindu Marriage Act.
Contact a local lawyer having experience of handling matrimonial disputes.
