• Divorce without mutual consent

Hi,

I am married since 15 years and having 3 kids. Eldest one is 12 years old and youngest one is 7. I am not happy with my wife due to daily disputes and I have a girlfriend also, I want to divorce my wife and want to marry my girlfriend but my wife is not ready for divorce and she is using kids as weapon.

Is there any way to get divorce?

I want kids to be with me and I am ready to give my wife alimony and property share as per legal.

Please advice how to get divorce.
Asked 6 years ago in Family Law
Religion: Hindu

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11 Answers

See if wife is fighting and creating dispute you can file a divorce on ground of cruelty against wife though the burden of proof shall be upon you to prove.

Wife can claim the custody as well as maintenance for herself and kids same has to be contested.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Contested divorce take 5 years to be be disposed of 

you have to prove allegations made in divorce proceedings 

 

If your wife is refusing to give you divorce by mutual consent you have long legal battle ahead 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  1. You see, if your wife isn't ready for mutual divorce, you have to file and plead a contested divorce. 
  2. It's going to acrimonious. You need a competent Advocate to plead efficiently. 
  3. I'm prepared to handle your case. But I require an exhaustive consultation session with you first. I'm based in Mumbai/Navi Mumbai just as you are; so it shouldn't be much difficult for you to visit me for exhaustive consultation.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

I suggest you to file a contesting Petition before the jurisdictional family court against your wife if she does not agree for a mutual divorce. Also i suggest you to work on the possible settlement in view of minor child. Contact local advocate for more details and suggestion.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. If mutual divorce does not happen which requires consent of both husband and wife then you need to file contested divorce suit in which the allegations raised requires to be proved.

2. Since you want to ensure financial security of your wife, she should not refuse your demand for mutual divorce for long.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If you wish to get divorse then you have to go for the contested divorce as your children are grown up and are above 5 years of age so they can be remain in your custody having relationship is not punishable now but it can be a reason to divorce.

The time taken in the divorce proceeding will depend on contest and you will be liable to pay the maintenance to your wife during the course of divorce proceeding including the legal expenses

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can file a contested divorce and petition for custody 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You need to file a divorce petition in Family court of your district but the ground on which you are demanding divorce should be solid so that court will allow you petition after evidence in court. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Going by saying "A bird in hand is better than two in the Bush

Have one-to-one dialogue with her and try to settle the issues within for walls, failing which.

File contested divorce case against your wife and also seek custody of children. 

Do not give any undertaking in the Petitioner / in writing about your interest to settle pay alimony etc.

You need to prove and establish the reasons taken by you in the Petition, else it will back fire.

Upon filing  the same you will be made to run from piller to post by her i.e., she may file the below cases:

# 498A

# DVC.

# Maintenance U/s.125 Cr.P.C.

# Maintenance U/s.24 H.M.Act. etc.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Sir,

Non-Mutual Consent Divorce / Contested:

In a contested divorce, there are certain grounds on which divorce can be granted because court cannot simply grant a divorce without knowing a reason. For instance :CrueltyCruelty may be physical or mental cruelty. According to the Hindu divorce laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.AdulteryWith the Supreme Court decriminalizing 'Adultery', now Adultery can be the taken as a ground for divorce for both husband and wife. The husband will no longer be criminally charged with the sameDesertionOne spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.ConversionDivorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.Mental DisorderIf the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.Communicable DiseaseIf the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu divorce laws in India say that the other party can obtain a divorce.Renunciation of the WorldIf the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.Presumption of DeathIf the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can file a contested divorce case if your wife is not agreeing for mutual consent divorce.

You may file the divorce case on the grounds of cruelty and not on any other grounds.

For child custody you may have to file a case under guardian and wards act, provided you are not accompanied by your children at the time or parting with your wife.

If the children are ready to come with you then it would be your wife who may have to file the child custody case.

There is no provision in law that you may have to give a share in your property to your wife, hence you need not be worried about it except you may have to give her maintenance if she is not employed and having no source of income.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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