How do I take divorce if wife does not want to live with me?
I got married 6 months back. She lived only a month with me. Then I moved to bangalore as I am doing job here. Since then she not agreed to live with me. I tried to talk to her and her parents. They are not allowing her neither she is ready to live with me. Again requesting for divorce she is not ready for this and says “you live there alone and I will not give divorce” . What options do I have legally ?
Asked 11 months ago in Family Law from Bangalore, Karnataka
You have to wait for a year to expire from the date of marriage as filing of dissolution of marriage is impermissible unless a year has expired from marriage. Thereafter, you may apply for dissolution on the ground of cruelty.
1) only in exceptional circumstances can you file for divorce before expiry of period of 1 year
2)wait for expiry of one year then file for divorce on grounds of mental cruelty
3) refusal to stay with husband amounts to mental cruelty
Wait till the completion of one year and then file a divorce case under section 13(1)(ia) of Hindu Marriage Act. 1955 based on cruelty.
Feel Free to Call
Advocate, New Delhi
1. If she does not come and live with you, send a legal notice to her to return to her marital home, otherwise you would be approaching the appropriate Court for the same.
2. If there is no positive response, file a case against her for Restitution of Conjugal Rights.
3. If she still does not obey the court order for Restitution, that itself can be the ground for divorce.
Do not go for divorce just now. There may be reason for her behavour. Try to talk to her or family members to resolve the dispute if any.
It takes time to work out a marriage.
Give time and sincerity to it. It will surely succeed.
You cannot seek divorce within one year from the date of marriage.
You may have to wait for one year separation for filing a divorce petition on the grounds of cruelty or even for divorce on mutual consent grounds.
The decision for divorce is too early and has been done in a haste.
You still have a chance to save your marriage.
Ask her what is her requirement and try to reconcile the difference when you still have an opportunity to it and should not repent later when you stand losing all the fortunes before you.
1. File a divorce petition after completion of one year from the date of your marriage on the ground of cruelty,
2. Meantime collect all evidence in the form of audio/video recording and text messages to prove her refusal to join you which will be considered as cruelty against you.