• I want divorce, wife not moving out

Hi,

I am not happy with my marrige, I got married 7 years ago. From the 1st day of my marrige my wife never behaved with me properly. She fights with my family too. I have done everything what she asked for but she never appreciated the same. She always says that she is not happy with me but she dont have option hence she is staying with me.We do not have any sexual realation, as she always fight. Even I do not have any desire to have sexual realtion with her because i do not love her now.

I told her to leave me and find another life partener but she is not moving out. Sometimes she yell loudly which makes me embrassing. I have purchase the house in my native before two years but i am staying in rented property in mumbai.

Please advise me on taking the divorce and how to proceed.
Asked 1 year ago in Family Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) file for divorce on grounds of mental cruelty 

2) constant abuses  of husband and in laws amount to mental cruelty 

3) refusal to have sex amounts to mental cruelty 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi,

You have clear your view regarding divorce but your wife view is not been clear by you. 

Listen gentlemen, married life is not the life of bachelor, married life has a lot of responsibility to serve. You have to take care of your wife and the relation/bonding with among your family. After marriage life became totally changed your position in your family and relation among your also changed you need to co-relate with all those changes and make of better family life.

Your wife is not leaving your home. The reason behind is that because our deep rooted tradition encourage your wife to stay with the husband despite of problems.............

Regarding dispute with your wife and family you need to try to sort out amicably for this always make a family get together and participate actively as your role is rather important.

If it does not work............... and you have decided to take divorce any how. Then you should intimate your wife regarding this because MUTUAL DIVORCE will take shorten time and benefit for both of you. If Mutual  divorce is not possible then file a divorce petition in family court. But you have to be ready to pay alimony or compensation to your wife.............

But I still advice you to think twice before divorce. As per my view you still have chance to leave with your wife.
Shailendra M. Rajput
Advocate, Ahmedabad
11 Answers
0 Consultations
Not rated
Dear _____, 
First you must start by protecting your family and your self. my suggestion is that you write an appropriate application of the threat being fced by you former wife to the police and then, after that file for divorce. 

Regards
Tania Sharma
Advocate, New Delhi
11 Answers
0 Consultations
3.3 on 5.0
1. You are at liberty to file for divorce on the ground of cruelty against your wife. She will be given an opportunity to contest your case.

2. She may also hit back by filing false cases such as dowry harassment, assault and domestic violence against you, which you can contest after getting bail.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Since you are staying in a rented apartment then you move out of the house and stay elsewhere and then file for divorce. Don't inform her and while leaving take her jewellery and other costly items because at the time of divorce she will demand money and her gift items. Also while leaving the house lodge a police complaint that since she's harassing you, giving mental torture that's why you are leaving the house. 

Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
1. Convincing her for mutual divorce is best bet as it neither takes much time nor mud slinging in court.
2. If mutual divorce does not happen then filing of contested divorce suit is only option.
3. The facts mentioned above if established in court is good ground of divorce.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi, you have to file a petition for divorce on the ground of cruelty and if you able to prove your allegations then you will get the divorce in the court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi sir/madam, in your matter you should establish cruelty and harassment by your wife on you.  Denial of Sexual Relationship is one of the physical cruelty in the eye of law, you don't say before anybody you are not love on your wife and not having sexual relationship with your wife due to not love  her. I suggested  that, you have very much interest and love on your wife but she is not co-operate and to refuse sexual relationship with you from the day one and she is losses of good environment of peaceful life of your and family members of yours., every time fight without any reasons it amounts to mental cruelty on you. You have to file divorce case against your wife on the ground refusal of sexual relationship and her attitude it means mental and physical cruelty on you, it is best ground for to take divorce from your wife by filing divorce case before jurisdictional family court on the same ground. If you are Hindu, you have to file the divorce case under section 13(1)(ia) of Hindu Marriage Act, 1955.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
If the difference of opinion between you both persists and aggravates every day without any solution or chance for reconciliation,  compiling the events of quarrels and incompatibility  between you both, you may ask her to sign for am mutual consent divorce, if she is not agreeing then you can initiate legal process to file a divorce case on the grounds of cruelty and non-cohabitation.   Consulta local lawyer and then proceed.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. You shall have to take the decree of divorce for which file a divorce suit on he ground of cruelty,

2. Before filing the divorce suit, collect evidence of her cruel behaviour by audio taping her conversations,

3. After you get the decree of divorce, she will be  bound to leave your house.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Divorce is not favored or encouraged, and is permitted only for grave reasons. Under the Hindu Marriage Act, 1955 both the husband and the wife have been given aright to get their marriage dissolved by a decree of divorce on more than one grounds specifically enumerated in Section 13.

According to Section 13 of Hindu Marriage Act, 1955, any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:-
            i) is living in adultery; or
           ii) has ceased to be a Hindu by conversion to another religion; or
          iii) has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or
          iv) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
           v) had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
          vi) has renounced the world by entering any religious order; or
         vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or
        viii) has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or
          ix) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.

In your case denying sex to husband /wife without any specific reason is cruelty and ground for divorce. Take the ground under cruelty for divorce 
Ajay N S
Advocate, Ernakulam
1917 Answers
19 Consultations
5.0 on 5.0
you can file a divorce case and even file an injunction case not to disturb you and not to enter the house etc....
you can file a case under cruelity ground so that she cant distrub you anymore
Gijesh Gopal
Advocate, Chennai
3 Answers
0 Consultations
Not rated

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