Contested divorce cases in India take over 5 years to be disposed of
2) you have to prove allegations made in divorce petition
3) you can rely upon what’s app messages ,audio recordings,statements of witnesses to prove allegations made by you
Wife is not ready for divorce
I want a divorce from my wife. She went for IVF and got pregnant during our long distance. I was in U.S.. She got IVF from India and came back to canada to complete her studies. We are married for 12 years, however she is a dominant person and i got used to her dominance, because of my low self-esteem. During our long distance of 1 year, i felt like I deserve to be more happy. We started having arguments over phone regarding finances, and usual matters. She never gave me my space to interact with my family in the last 12 years. She would make it an issue whenever i wanted to go see my mother or brother, while living in india from 2013 to 2016 (before i moved to US with her). During my long distance, i found love somewhere else. I felt special and cared, like never before but i always thought i have to go back to my wife because it wont be possible to leave her. I know i messed it up big time, to agree with IVF, gave my consent, and she came to canada after first trimister. I tried ending relation with the new girl but i couldn't, and when i came to my wife in canada, i was even more sure that my wife and i r not for each other, i confessed everything honestly, she and her family threaten me that they will make life hell for me, and they have abused my family and me. I fear her but i know my happiness is not with her. I dont have a job in canada but i lived with her n last week she delivered a healthy baby. I am trying to convince her for mutual divorce but she is threatening me. Despite knowing that i have had relation with other woman, she doesnt want to let me go. She has been dependent on me for finance n i have realised that my wife needs me but she doesnt love me. Now she is hoping that once i see face of my new born, i will change my mind but i am tired of telling her that i do not want to be with her, i maintain polite tone whereas she goes berserk, using abusive, unacceptable language. I know I made a lot of mistakes, i should have told her my feelings when i was living with her, and not after finding love somewhere else, but if mutual divorce doesnt happen, what are my best options. Under section 13, can i file for cruelty? but all my experiences dont have tangilble proof. I have exhausted my savings to support her in canada because she wanted delivery in canada and now we r going back to india in 2 months
Asked 8 months ago in Family Law
Religion: Hindu
13 Answers
Married in north delhi - 2013 2013-2016 - lived in delhi 2016-2023 - lived in U.S. (I was on H1B visa and she was on dependent visa) 2020 - we tried IVF for the first time in India 2023 Aug - 2024 Sept - I was in U.S. and my wife came to canada for studies (this was a mutual decision for our better future in canada 2024 Oct - I left my job in U.S. and came to canada to live with her n support her (she is on student visa and i am on dependent visa) 2025 March - we had a baby on 17th march 2025 In july 2025 - we are moving back to India to take family support, and my hope is to convince her for mutual divorce and then go back to U.S. to pursue my job on H1B visa and be with the other girl.
Asked 8 months ago
It is doubtful that your wife will agree for mutual consent t divorce
Divorce is not platform ticket. Filing divorce is easy process, but the reactions that may trigger are difficult to face. A husband can file only divorce and rcr both cases are of civil nature with civil consequences. A wife can file multiple criminal as well as civil cases. She can file 498A, 406, Domestic Violence Act, 2005, 125 Code of Criminal Procedure, 1973 and cases under Hindu Marriage Act, 1955. This is the factual state of law. Once a divorce is filed, you will have to pay hefty sum as maintenance during the proceeding which may drag for years. After divorce you have to settle handsome alimony to her. If she becomes offensive you will be facing police and courts. You can involve only her in divorce but she can involve all your family members in criminal cases. Settle the dispute mutually. Don’t give her reason to visit a lawyer, once she consults that will be opening of box of trouble for you. Advice may not be to your liking, but these are hard facts. Things are more difficult, she is now mother of your child.
If she underwent IVF procedure and begotten a child without your permission then this also can be a good reason for filing conteted divorce if she is not agreeing for mutual consent divorce.
The ART Act mandates written informed consent from all parties seeking ART procedures, including IVF. No ART procedure, including IVF, should be performed without the spouse's consent.
Some recent court rulings have acknowledged a woman's right to make informed decisions about her body and reproductive health, but the husband's consent for ART is still considered crucial.
however if you admit to having her your consent for this IVF procedure then you cannot claim divorce on that grounds, but you can cite other acts of cruelty as reasons seeking diorce.
you can file diorce case in India for the marriage solemnised in India because the divorce granted by a Canadian court if not conforming to the grounds as per Hindua law then that divorce may not be recognised as valid in India
you can file the divorce on mutual consent divorce in India if she agrees for that but after your marriage is dissolved by a decree of divorce, you may not be able to take her to US under dependent visa.
why doesn't 15 minutes paid consultancy work on this app? It is throwing an error "Sorry somthing went wrong" I am trying to book Mr. T Kalaiselvan (Vellore) but unable to reach.
Asked 8 months ago
Must be some problem with the website
you can try again tomorrow or obtain his contact details by doing Google search
Dear client,
Your situation is complex both legally and emotionally, especially with the birth of your child. Since you are ready for the divorce but your wife is not agreeing on the mutual divorce, there are various legal actions that you can try:
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Since you are making efforts for the mutual divorce, keep making the efforts because it is one of the fastest and least stressful routes.
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But if she is still not agreeing upon it, you can file for divorce under section 13(1)(ia) of the Hindu Marriage Act on the grounds of the mental cruelty.
And to prove cruelty, you need to gather the evidence of cruelty, like WhatsApp chats, voice messages, witness statements, etc. And if you succeed in proving the mental cruelty, then your alimony shall be reduced. But still, you have to pay for the child custody.
Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.
You can report this matter to the admin of this website and look for alternate solutions.
Yes you can file for cruelty but it’s better to seek a mutual divorce if she is ready for the same
- 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.
- You can take her consent for mutual divorce , and if she not ready then file a contested divorce petition in India on the ground of cruelty and above grounds.
- Further, if you both are residing in Canada, then you can also file the divorce petition there , and the decree of divorce will be valid in India if both parties contested the case there.
1. You have messed up on several fronts making things complicated for you.
2. However, you do not have any option other than filing a divorce suit on the ground of cruelty after returning to India.
3. She will file a maintenance suit for herself and her baby which you shall have to pay.
1. She might not agree for MCD after giving birth to the child.
2. If she does not agree, file the divorce suit against her as suggested in my earlier post.
3. Before departing for USA, ensure that she does not lodge a police complaint against you and you lodge a police complaint against her to ensure that you are not dragged to India to attend to any criminal case lodged against you.
