• Marriage

If there are disagreements between husband and wife and husband wants to stay separate but wife do not agree.   how to get divorce.
Asked 3 years ago in Family Law from NEW, Delhi
Religion: Hindu

Then husband can file for divorce on the grounds applicable to the facts of his case. Mere disagreement between spouses is not a ground for divorce. If wife lodges a criminal complaint then husband should seek anticipatory bail to preempt his arrest

Ashish Davessar
Advocate, Jaipur
24668 Answers
690 Consultations

5.0 on 5.0

1) wife can file for divorce on grounds of mental cruelty

2) mention in details conduct of husband that amounts to mental cruelty

3) wife has to prove allegations of mental cruelty

Ajay Sethi
Advocate, Mumbai
54301 Answers
3260 Consultations

5.0 on 5.0

1) Contact a local lawyer

2) mention detail facts of your case

3) then based on legal advice file for divorce

Ajay Sethi
Advocate, Mumbai
54301 Answers
3260 Consultations

5.0 on 5.0

1. There are grounds acceptable by law based on which decree of divorce can be sought,

2. One such acceptable ground is cruelty,

3. Disagreement is no ground acceptable by law to seek decree of divorce,

4. The husband can file a divorce suit against the wife on legally acceptable ground.

Krishna Kishore Ganguly
Advocate, Kolkata
20532 Answers
514 Consultations

5.0 on 5.0

1. No body can be prevented from lodging a complaint before the police and/or filing a case before the Court bof law,

2. If such things happen, contest the same fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
20532 Answers
514 Consultations

5.0 on 5.0

File a divorce suit against the wife on legally acceptable ground like cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
20532 Answers
514 Consultations

5.0 on 5.0

If there are disagreements between husband and wife and husband wants to stay separate but wife do not agree. how to get divorce.

Let the husband file a contested divorce case against his wife. In fact both can live separately even if they reside under a single roof. This also forms a ground for mental cruelty.

T Kalaiselvan
Advocate, Vellore
44282 Answers
506 Consultations

5.0 on 5.0

If wife can lodge any complaint without any evidence?

It is her choice, she can but whether will she or not is the million dollar question.

T Kalaiselvan
Advocate, Vellore
44282 Answers
506 Consultations

5.0 on 5.0

1)you have been married for only 3 months

2)you cannot file for divorce unless period of one year has elapsed from date of marriage . only in exceptional circumstances can you file for divorce before expiry of one year

3) wife must be scared to have sex hence marriage has not been consummated

4) courts have held that Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

5) consult a psychiatrist

Ajay Sethi
Advocate, Mumbai
54301 Answers
3260 Consultations

5.0 on 5.0

if wife does not talk to husband and do not have any physical relationship (3 month old marriage), the husband is under mental depression, what should husband do?

Find out the reasons that why she is doing so.

find out if you can do something to reconcile the matter.

By coming down a step below your standard there wont be any loss in fact you will be winning the situation by gaining her confidence and save your marriage from getting ruined.

If nothing works, hen remain silent and calm but watch the developments, do not provoke her due to anxiety which may result into adverse inference.

T Kalaiselvan
Advocate, Vellore
44282 Answers
506 Consultations

5.0 on 5.0

He can file for divorce as sex is an integral part of marriage.

Ashish Davessar
Advocate, Jaipur
24668 Answers
690 Consultations

5.0 on 5.0

File the divorce petition on the grounds of cruelty as suggested in my earlier post after you have completed one year of marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
20532 Answers
514 Consultations

5.0 on 5.0

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