• Husband wants divorce & wife is not ready to give divorce.

Hi there, I married before one year. From the day one of my marriage my wife used to fight with me as we have very less understanding between us. Gradually my wife have started doubting & blaming on me about my extra-marital affairs. she always tried to humiliated me, my parents and our reputation in society. after 6 months of my marriage, my wife went to her parent's home for holidays; from there also she used to do doubts and all the things. Than i have decided to not to bring her back into my life as we are never going to live a happy life together. So from last 6 months she is living at her parents home. During this time she has sent different applications by a lawyer at Women's police station against me and my whole family with fake charges. Luckily we managed it. 

After than, when i asked for divorce than she refused for the same and she asked me to take her back at my home. She said she doesn't want alimony or doesn't want to file a case to court; but she will also not give divorce to me ever at any condition and said she will not let me go ahead in my life as her revenge.

Now i want to move ahead in my life so, How can I get DIVORCE from my wife??
& what if i go to other country like USA and get married again to US citizen girl?
(NOTE: We haven't registered our marriage to any office or we don't have any marriage certificate or documents which proves that we are married.)

Please help me through this.
Asked 2 years ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu
1. This leaves you with only one remedy i.e to unilaterally file for divorce on the ground of cruelty against her which you will have to prove in the court. Unless you obtain divorce you cannot remarry. Your migration to USA will not make you immune from penal consequences under the Indian law. 

2. Failure to register the marriage does not make marriage illegal. So this is insignificant. Obtain divorce instead of finding ways and means to circumvent the law.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

1) wedding photographs and invitation cards  for marriage would help in proving that matraige has taken place 

2) you can file for divorce on grounds of mental cruelty 

3) making false allegations that husband is having extra marital affair amounts to mental cruelty 

4) contested divorce cases take 5 years to be disposed of 

5) you cannot remarry during subsistence of earlier marriage . Wife  can file case of bogamy against you 

6) yiu cannot go abroad and remarry a citizen of that country during subsistence of your marriage 
Ajay Sethi
Advocate, Mumbai
44159 Answers
2561 Consultations

5.0 on 5.0

Since you have no children it is better to take divorce by settling the disputes amicably.
If your wife is adamant in troubling you the option is to initiate procedure from your side.

You can file a divorce on ground of cruelty after one year of your marriage. You said your marriage is one year over,so you should file and independent petition against her in the Court.

Once the she receives summons from court she will have to come to court
Do not agree for any sorts of extortion and be steady with your divorce.
There will chance of compromise nd mediation in the court ,then insist for a mutual consent divorce and end if she too agree there you can be free of the marriage.
Surely she will ask for claims of maintenance or alimony which you should anticipate
Maintenance and alimony is decided on the. Base of your in come which also by considering her ability to earn .
Don't live by bowing your head in marriage under pressure and then compromise, it is advisable to fight it out and get your right to live peacefully.
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

1. Mutual divorce is the best , convenient and expeditious mode to dissolve the marriage.
2.However for this consent of both the spouses is required.
3.if one of them refuses to go for it then filing contested suit for divorce remains only mode to break the marriage.
4.Such divorce suit takes lot of time .
5. Without divorce you can not marry another girl and if you do you can be criminally prosecuted for bigamy.
6. One sided divorce granted in USA shall have no applicability in India.

Hence talk to her and convince her to give mutual divorce. Else a long road for legal battle is awaiting you.
Devajyoti Barman
Advocate, Kolkata
12493 Answers
159 Consultations

5.0 on 5.0

1) You can file for divorce unilaterally on grounds of cruelty. As she has no intentions of divorce it will be contested and and can take a couple of years to be decreed. You need to prepared for any other cases she may file as a counterblast.

2) Do not make the mistake of marrying overseas or in India without obtaining a decree of divorce. This will land you in greater trouble legally. You have every right to file for divorce if your spouse is cruel and incompatible.

3) Do take legal steps by engaging a lawyer locally and face the issues on a legal manner to get your rights established.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

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