• Divorce against cruelty

I have been seperate from my wife for 3.5 years. I have a daughter. Their family gave a fake fir on me and put me in jail for 3 days. My wife and in laws did not even come for my fathers death. I do not want to live with her anymore . But all the mediator and her lawyer asking me to patch up for my daughter. 
My fir is in trial and their parents are not even coming for evidence. I lost my job and life on this. 
Now she is saying that she cannot give divorce. How many ever time it may take, she is sure that she won't give divorce and saying that she wants to live with me and residing un her parents home. 
All are saying that it's better to reconcile as my case will sure be dismissed. What should I do. I do not want to live with her. Is there any possibility that i can get divorce
Asked 1 month ago in Family Law
Religion: Hindu

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7 Answers

You cannot be forced to compromise 


2) file fir divorce on grounds of mental cruelty 


3) wife filing false case against husband amounts to mental cruelty and is ground for divorce 


4) you have to prove allegations made in divorce petition 


5) seek joint custody of your daughter 

Ajay Sethi
Advocate, Mumbai
90353 Answers
6615 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.

- 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 , filing numerous cases against husband is also a ground for divorce , hence her mentioned acts are amounts to cruelty.

- If she is not interested to live with you then you can file a contested divorce before the family court on the ground of cruelty and other grounds.

Mohammed Shahzad
Advocate, Delhi
10840 Answers
136 Consultations

5.0 on 5.0

Firstly you stop listening to plenty of people and get confused over misguiding information or advises rendered to you.

If you have decided to get out of this marriage and have already filed a divorce petition, you may continue it strongly come what may.

If your own advocate is not cooperating to execute your plans and decision for divorce by properly representing and fighting for your case, you may change the lawyer and choose a better lawyer. 

Even if your divorce case is dismissed the court cannot compel you to live with her together against your willingness. 

Therefore it is purely your decision.

There is no compulsion on you to live with her which is no more possible or feasible, especially when she resorted to inflict  all types of acts of cruelty against you, 

you can take a call accordingly

T Kalaiselvan
Advocate, Vellore
80523 Answers
1730 Consultations

5.0 on 5.0

Dear client I am sorry to hear that. If you want to pursue a divorce, you should consult with a lawyer who specializes in family law in your jurisdiction. They can advise you on your legal options and the best way to proceed. It's important to consider all factors, including the impact on your daughter, when making decisions about divorce. The outcome of a divorce case can be uncertain and is often dependent on the specific circumstances and evidence presented. The fact that your wife is not willing to grant a divorce does not necessarily mean that you will not be able to obtain one. It's important to understand your legal rights and obligations and to make informed decisions about your future

Anik Miu
Advocate, Bangalore
6092 Answers
66 Consultations

4.9 on 5.0

Dear Sir,

As per the available data and in the backdrop of History of your case u may not get Divorce in the near future.

Kishan Dutt Kalaskar
Advocate, Bangalore
6103 Answers
419 Consultations

4.8 on 5.0

You can file contested divorce against her. Court cant force you stay with her You can get divorce on ground of cruelty 

Prashant Nayak
Advocate, Mumbai
28990 Answers
110 Consultations

4.1 on 5.0

Please book an appointment through this site for legal consultation.


Advocate, Coimbatore
29 Answers

Not rated

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