• Contest for divorce

It has been over years of our marriage and we have a 2 yr kid, after the child birth my wife doesn't stay with me. She stays with her mother, reasons are all small issues.

Though every time i convince and get her back, she finds a small issue and goes back to her mothers house.

They dont receive my calls nor talk to me when i go vist there house. This is happening since 2yrs.

I am fed up with this kind of attitude people and looking for a divorce to get rid of them in my life.

My family ppl tried for a mutual consent with them, but they are not interested nor they are interested in contesting for a divorce.

No notice has been issued so far, as i feel they will not care or respond.

Pls help me an advice in this kind of situation how to proceed, if the other party is not interested to contest for divorce.
Asked 10 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) you can file for divorce on grounds of desertion and mental cruelty 

2) since yiur wife had refused to stay with you for last 2 years you can file for divorce on grounds of mental cruelty and desertion 

3) you can seek joint custody of the child . You will atleast get visitation rights for the child 

4) if your wife does not contest you will get divorce within one year 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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You can then file unilaterally for divorce on the ground of cruelty against your wife, which she can contest in defence. If they do not contest the divorce the court will proceed ex parte. Needless to add, she can file case for maintenance and domestic violence to claim compensation.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. You can talk to her personally and try to settle amicably.
2. if talking to her does not yield any result then file a suit for restitution of conjugal rights.
3. Such suit would not put you in bad light before the court and would trigger for some activity either way which ultimately pave way for out of court settlement,
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
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Hello,
1) If you think that she will not contest even if you file a unilateral petition for divorce, you may send a legal notice first seeking her co operation in proceeding with a divorce by mutual consent as this will help avoid a lot unwanted animosity.

2) If she does not respond or declines to go ahead with a mutually consented divorce, you can file a unilateral petition based on cruelty ground.

3) You need to be aware at the same time that you are liable to pay maintenance to the minor child and wife if she has no source of income of her own.

4) Lastly since there appears not many major problems besides the behavioral uncertainty of your spouse it would be worthwhile to seek the help of a marriage counselor before you decide to file for divorce.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Hi, you can file a petition for divorce on the ground of cruelty, Suppose she is not participate in the proceedings then the court will pass an ex-parte order.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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The question is about dissolution of marriage by a decree of divorce either on mutual consent grounds or contested divorce.  If she is not agreeing for mutual consent divorce, you may better file a divorce on the grounds of mental cruelty and desertion. If after receiving the summons she prefers not to contest, you may get an exparte divorce decree. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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1. Some time back she was saying false statements that I am harassing / torturing her, am afraid if she participates and counter contest this type of negative cases on me...pl advice how to handle this ?
If you have filed the divorce case you know the fact and details.  If she is participating in the case and contests the same strongly with her false statements and allegations, you can extract the falsity during cross examination.  Let she step into the witness box and depose the evidence, you may drill her with questions and extract the fact that she is lying before court. 




2. Since we are already living apart since 1year 5months, how soon we can receive divorce order.

It depends on how yo prosecute the case, you may ask your advocate to conduct the trial at the earliest possible. 





3. Also i need an advice to safe guard my money. All i have is some amount in a FD which is on my mothers name and nominee as myself.
There is no danger to your money and property.  She cannot claim them directly. She has no rights on it.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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If she files criminal cases then obtain pre-arrest bail to contest the case on merits. Mutual divorce will not longer than 6 months. Your wife has no share in your movable or immovable property.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1) your wife cannot claim any fixed deposits which are in your mother name

2) file for divorce on grounds of mental cruelty . If wife contests divorce proceedings it would take 5 years for petition to be disposed of 

3) you have to deny your wife allegations made in her reply to your divorce petition 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0

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