• Wife wants divorce

Dear Sir

Its been almost five and half years I am struggling to save my marriage life but despite of all the efforts I unable to do so my wife left me and my son and left her home town by bagging me for divorce i tried to convince her a lot but she is not in a position to understand, even doctor has identified that she is having some psychological problem which needs proper treatment however she is not cooperating at all in terms treatment and even her family too in fact they are putting so many unsocial allegations which in reality is not the fact and her family saying that they will put me in problem legally and her brother is threatening me that "dekhlunga", I tried my level best to protect my family but no luck.  Me my son and my father and mother both are patients staying with me, What she is saying completely incorrect and its completely abnormal in terms of her behavior and the type of allegations she is putting however her father and mother is accepting her in total and believing her and putting their daughter in problem instead of give her proper treatment, I am being harassed now  i don't want to take any chance in my life I need divorce from her, I would request you to kindly suggest me the way out for divorce in this type of situations.
Asked 7 months ago in Family Law from Gurgaon, Haryana
Religion: Hindu
If you need divorce then apply for it on the ground of cruelty, which your wife can contest on merits. As and when false cases are filed then immediately apply for anticipatory bail.
Ashish Davessar
Advocate, Jaipur
18207 Answers
449 Consultations
5.0 on 5.0
1) if your wife wants divorce you should agree for divorce by mutual consent 

2) if one of parties does not agree for  divorce in such a case other party will file for contested divorce 

3) contested divorce cases take 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
You may file a divorce case against her on the grounds of mental cruelty and desertion which may run for years to get disposed until she comes for compromise either for mutual consent divorce or to return to the matrimonial home.
However the hidden danger is that she may unleash legal terrorism as a retaliatory act to avenge you for having filed this divorce case by lodging false criminal complains under section 498a and dowry harassment act. 
In such events you may take anticipatory bail and then challenge her false cases in the court accordingly.
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
If you stick on the Divorce and it would be inevitable , then try for mutual divorce.

Advantages of mutual divorce
Divorce by Mutual consent saves time, money and energy for both,
Leaves no room for unnecessary quarrel and most importantly avoid washing your dirty linen in public.

If your wife is  not cooperating then file a divorce petition under the ground cruelty. 

Note :
You want to save married life try for amicable settlement through mediation . After filing the case you can get an opportunity for mediation and counselling by the help of court. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. You have stated that your wife also  begged for divorce from you,

2. If that be so, then negotiate with her and jointly file a mutual consent divorce petition which will be decreed with in 6 & 1/2 months from the date of its filing,

3. If she now does not agree for MCD, file a petition praying for for a decree of divorce on the ground of cruelty and desertion as decision is also treated as a form of cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. If she does not agree for MCD, you shall have to file a divorce petition since it is too late for filing a petition for annulment of your marriage,

2. If you can prove that she was suffering from schizophrenia  which was hidden from you while taking your consent from marriage, you could have filed a petition for annulment of marriage within one year of coming to know about her having schizophrenia,

3. Now start collecting  evidence of all her cruel behaviour and medical opinion confirming her suffering from schizophrenia,

4. File a divorce suit on the ground of cruelty.

5. If she counter files any 498A or DV case, contest the ame fittingly after availing anticipatory bail for FIR registered u/s498A of IPC, if any.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
 1) if   wife is not   agreeable for MCD then contested divorce would take 5 years 

2) audio recordings are admissible   in evidence 

3) rely upon her medical reports that she is suffering from mental illness 

4) deny all false allegations made by her 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
Apply for anticipatory bail if criminal case is filed. MCD requires a positive agreement between the spouses. You can file for contested divorce on the basis of cruelty if no such agreement is reached at.
Ashish Davessar
Advocate, Jaipur
18207 Answers
449 Consultations
5.0 on 5.0
If false case is filed of 498 A obtain AB from sessions court 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
If they are filing false criminal complaints with police, you may first get enlarged on anticipatory bail after which you can challenge her false cases in the court during trial proceedings. 
If she is not ready or willing for mutual consent divorce, you may file a contested divorce case agaisnt her on the grounds of cruelty and her medical ailments can be pleaded as petition averments
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
1. If they do not agree for MCD, file the divorce suit seeking decree of divorce on the ground of cruelty,

2. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18207 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2773 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0