Goodmorning This is Amar this side I wanted advise on going ahead with divorce proceedings with my wife I have been married for 6 years now… in which we have stayed together for 2.5 years. We do not have any kids. I have no mental, emotional or physical compatibility with my wife. I had married out of responsibility and sympathy in 2016 and since then I have been carrying on the responsibility , however my wife has been complacent in marriage and has failed to connect on emotional or physical grounds. I have tried staying together and also seperate owed to my nature of work but it has not improved our relationship . The lady is still in denial even after all the complacency and feels the marriage is perfect and is working out . We have met atleast 3 times in last one year and not consumated our marriage even once during this period. We have no kids and I do not feel I can be invested with her in raising a child and nor do I feel she is responsible enough to raise a child. I have no physical attraction or mental strength left after being in this for 5 plus years and just providing and she just thinking that the marriage is working. I want to file for divorce after giving her one last chance for reconciliation as she feels she will work it out one last time and if it does not work out she will agree for a mutual divorce. But she is a fickle minded person and has my parents support to make this marriage work and I feel even if I say it’s not working out she may not agree for a mutual divorce at that time . In such a scenario after she has tried one last time if in case she does not agree for a mutual divorce .. what is my way out of this marriage and how to go about it. Kindly please help Regards
File for divorce on grounds of mental cruelty
2) you have to prove allegations made in divorce petition
3) wife refusing to have sex amounts to mental cruelty
4) wife refusing to stay with husband for continuous period of 2 years amounts to desertion and is ground for divorce
You need to file contested divorce in the said case.
Hi, you need to file a Petition for divorce on the ground of cruelty and if you able to prove the cruelty then you will get the divorce.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage .
- If she is not interested to live with you, then try to take her consent for mutual divorce.
- If, she not agrees for mutual divorce, then file a divorce petition on the above mentioned grounds.
Dear Client,
This seems like a case of irretrievable breakdown of the marriage. You can file a case in the court of the respected jurisdiction for a divorce.
Thank you.
Hey,
You would have to seek divorce from the court on the grounds of cruelty.
Being a complacent person is not a crime, in fact it is an added advantage to you if she is a self satisfied person because there may not be any demands from her.
You have not mentioned her any other cruel activities or attitude towards you, except that there was no cohabitation between you both for the last one year or so.
If there was no consummation of marriage so far and she is the person responsible for this because she is averse towards the conjugal relationship, then that becomes a ground for cruelty for not offering you the conjugal relationship.
If the last chance to reconcile also fails and if she disagrees for mutual consent divorce i.e., by not honoring her earlier commitment, then you can file a divorce petition on the grounds of mental cruelty.
