• Want to initiate Divorce (Delhi Jurisdiction)

Summary
Delhi residents, married for 8 years with no Children and both working. Husband (I) seeking for a divorce. Staying apart for 14 Months (during which we tried staying together but it didn't work)

Journey
- We stayed with my family in the first year 
- My brother got married, and we had to move to a bigger house. I refused to shift and decided to stay in Old House. My entire family (Mom, Dad, Brother, his wife and my grandmother) moved to a new place. And we both were staying alone in old house. We used to visit the new house only during weekends/festivals.
- She was not willing to take on any relationship/household responsibilities. 
- During the initial years, I tried to work things out, but when I realized that she had no intention to put any kind of effort, I started doing everything on my own which resulted to emotional and functional disassociation. 
- In order to make things work, I experimented:
 - Stayed in my inlaws property for 8 months
 - Stayed with my inlaws at their home for 1.5 years (before corona)
 - The entire corona duration (Starting from March 2020) i was staying with my inlaws and as we both were working from home still the relationship was going great. The freedom was always misused.
 - She initiated a Marriage counsellor (in 2019 and I am still taking her guidance), however, all the activities/solutions suggested by the counsellor were not implemented by her. 
- On January 2021 my brother moved abroad. And I had to shift with my Parents and grandmother as I have to take care of them (both financially and functionally). Till Aug 15 2021 she gave all kind of reasons and excusing of not staying with me (and my parents). She shifted to my place on Aug. 15
- On first week of Sep 2021 she finally decided to leave me. 
- Sep2021 - Sep2022 : We were staying separately, though we tried to work out. We went for a vacation for 10 days in order to restart things and she had also stayed with me 4-5 times for 4-7 days each. But things didn't work out. 
- Sep 2022 - till date: No contact

Next Steps
I am looking for divorce, what should be my next steps, precautions and things to do
Asked 1 year ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

File for divorce by mutual consent 

 

2) if wife is not willing for mutual consent divorce then file for divorce on grounds of mental cruelty 

 

3) wife refusing to stay with husband amounts to mental cruelty 

 

4) or will have to pay wife interim maintenance and alimony in event of divorce 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

Dear 

Sorry to hear about your situation.

You have two three options here:-

1. You can  first file a petition for restitution of conjugal rights. Your wife will be ordered to live with you. If she doesn't follow that order and live with you for an year, you can file a petition for divorce.

 

2. You can file a petition for judicial separation and after one year of passing of decree of judicial separation you can file for divorce.

 

3. You can file a case for divorce against your wife if there are any grounds for cruelty. To establish these facts it is important to know all facts and I cannot give an opinion here without knowing it all.

 

4. If your wife also wants a divorce, you can file a petition for mutual divorce also known as no fault divorce and in that terms of the divorce will have to be agreed between you and your wife. This is the fastest and best method but obviously this happens rarely as divorce proceedings are contested by parties. 

 

Please note, you should have access to documents which show what your wife is earning right now. Do that before you tell her about your intention to file for divorce. Maintenance and Alimony is a hotly contested issue in divorce proceedings and you would certainly require all the paperwork. Bank Statements, IT returns, Salary Slip, Appointment Letter of workplace, proof of lavish lifestyle, etc.

 

Hope this helps.

Regards

Abhiraj Jayant

 

Abhiraj Jayant
Advocate, Delhi
49 Answers
1 Consultation

Not rated

There is no preventive vaccine against criminal prosecution. Any agreement/undertaking/guarantee  by girl’s family not to file criminal complaint will go against you as the question  will arise why in the first place you need such agreement/undertaking, it will lead to doubt that you are planning some offence against her. Best option is not to give he any excuse to file any cases against you. As both seems the be educated, both can seek divorce by mutual consent. This is the fastest, cheapest and hassle free option.

 

 

Section 13 B of Hindu Marriage Act, 1955  provides for mutual consent divorce ..

Document required…                                                                                                                   

  1. Aadhar card/passport.
  2. Proof residence.
  3. Proof age of both.
  4. Passport photographs of both.
  5. Proof of marriage, invitation card.
  6. Marriage photograph with both.
  7.  
  8. Joint divorce petition.

    1. Both parties have to appear in Court for filing divorce, at least on party in person the  other can appear through vc.
    2. After Registrar of MCD, a date after six months will be given for second motion.
    3. On the second Court will ascertain whether the  parties are still willing to for divorce, on their consent, a decree of divorce  will be passed, it may take another one month.

No second marriage till you get divorce.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

If your spouse is not able to live with you together in the married life then you can ask her to give mutual consent divorce

If she's not cooperating or not accepting the proposal for mutual consent divorce then you can file a contested divorce case on the grounds of cruelty. 

Unwilling to live with you without any valid reason is also one among the grounds for divorce 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

It's better you both go for mutual consent divorce after showing 1 year separation

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

Hello, 

  1. Firstly find out of she is agreeable for Divorce by mutual consent. If she agrees, you can file a joint petition seeking divorcee and without much hassle you can get divorced based on  consent terms.
  2. If she's not agreeable you will have to initiate a unilateral petition seeking divorce on grounds of cruelty. The journey you have narrated can be elaborated into a petition.
  3. Engage a lawyer asap.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

 

Best to convince your wife to agree for Mutual Consent Divorce, which saves time and money. Division of Assets, custody of children, alimony and all other things can be sorted out amicably. On the contrary, if you opt for contested divorce, you have to prove beyond doubt the ground on which you are taking divorce. 

 

If your wife does not agree for Mutual Consent Divorce, then file for Restitution of Conjugal Rights and in case you get favourable order and your wife refuses to join you, then her refusal to join you, without reasonable cause, could be a strong ground for you to obtain divorce.

Shashidhar S. Sastry
Advocate, Bangalore
5112 Answers
314 Consultations

5.0 on 5.0

- 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.

- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.

- 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,

- If she is not interested to live with you and there is one years separation , then you can take her consent for mutual divorce and which can be granted within a short period of time 

- If she not agrees for mutual divorce , then you can file a divorce petition before the family court in Delhi on the ground of cruelty , separation and above mentioned grounds. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you may file a mutual consent divorce against your wife. 

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

You can apply for a divorce on the grounds of Cruelty. There is cruelty on the grounds that your did not take your relationship seriously and never shared in the household responsibilities. Further, you have made several attempts to patch your relation with your wife but she did not take any step. You even stayed with your in-laws for 8 months to make things right with her, but then also she did not appreciate or reciprocate your efforts. In the alternative, you can also apply for judicial separation, and during that period try to think whats best for you, after all this will have a huge impact on your life. If after one year of judicial separation, you and your wife cannot reconcile, then you can file for a divorce.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Hello,

 

Correct me if I am wrong. Your wife refuses to live with your parents and she’d rather the two of you lived alone or with her parents?

If my reading of your factual narration is correct, your wife could be guilty of treating you with cruelty. To try and separate her husband from his parents is a form of cruelty in the eyes of India law — more so when the parents are counting on the son’s support.

Cruelty is one of the grounds of divorce under the Hindu Marriage Act (the statute applicable to you). For now, it appears to be the most appropriate. The advice may stand altered if and when more details become known.

 

She could bring a maintenance action against you. And if she is really spiteful (presuming nothing here), she could file a complaint under the DV Act or a criminal complaint against you. Again, I don’t know enough to give you specific advice on this score.

 

You will do well to preserve all evidence (electronic or otherwise) that might help you establish the things you have described here, namely: (a) you’ve indulged her throughout, (b) she has been uninterested in returning the favour, (c) she has tried to separate you from your parents who need you, and (d) she has left you of her own volition without any provocation from your side.

 

In case, you still want to give it a final try. You could approach a court here in Delhi and seek the “restitution of conjugal rights.” It is a court decree asking the respondent (your wife) to return to the petitioner (husband).  While it cannot be enforced, it can often get the job done by bringing the couple back together. It is also used by husbands to establish good faith on their part and to show they have been abandoned (and not the other way ‘round). This can help in maintenance cases. 

Hope that answers your question.

 

 

 

Pulkit Chandna
Advocate, New Delhi
208 Answers
5 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer