• Wife wants divorce for no fault. I want to save the marriage.

Me and my wife have been married for close to 3 years now. My wife has lost interest in the marriage and wants to live alone. She herself says that there is no fault of mine and that she wants divorce just to live alone, and that she doesn't like marriage in the first place, and there is nothing wrong with me. There were no fights between us. She just says, she did a mistake by marrying. And she realized now that she likes living alone better. I have failed in convincing her to stay married. I don't want the divorce as I still like her and want to stay with her and I have no plans of second marriage or anything. What legal options does she have? Can she still go ahead and file for a divorce if I don't want it, and if there is no fault of mine?
What legal options do I have in such a case that she files for a divorce?
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
The option you have it's tho file for restitution of conjugal rights. However if your wife does not want to continue in the marriage you can not coerce her even if the court orders brewer to live with you.
My advice is to go for a mutually consented divorce tho avoid further unwanted complications as three years were good enough to sort things out.
Once you file  for divorce there will be six months cooling off period during which you can once again try salvaging the marriage.
The divorce will be ordered in six month's time from the time of filing of divorce.
S J Mathew
Advocate, Mumbai
2218 Answers
105 Consultations

5.0 on 5.0

1) you cant force your wife to stay with you . if your wife wants divorce agree and go for divorce by mutual consent . you will obtain  divorce in 6 months . 

2) if you refuse she can file for contested divorce but she will have to prove the allegations made in the petition . you will spend period of 5 years in running around courts and waste lot of money in legal fees . 

3) you  are not getting any younger . you can remarry after divorce  and move on in life
Ajay Sethi
Advocate, Mumbai
41506 Answers
2380 Consultations

5.0 on 5.0

1. you can file RCR petition in court for bringing ur wife back to you.

2. consult a marriage councellor.

3.you can file divorce petition in court on grounds of mental creulty and desertion.

4. lastly if nothing works then opt for MCD.
R.K. Nanda
Advocate, New Delhi
457 Answers

3.8 on 5.0

Hi, she may file divorce petition against you but one thing without your consent she can't get a divorce, tried to convince  her or else go for Bangalore mediation center for  pre-litigation  counseling or else go for a family counseling in NIHMAS so that you can solve your problem.
Pradeep Bharathipura
Advocate, Bangalore
4453 Answers
200 Consultations

4.3 on 5.0

first things first there is no family discord between the two of you, so that rules out any cause for divorce, when there is no cause for seeking dissolution of marriage then the court itself will direct you to explore possibility of mediation.
Hence my advice to you would be explore this first before you and she decide to end your marriage. Visit a marriage counsellor and try and save your marriage. 3 years is not a long time. Make attempt in the meanwhile to win your wife's confidence back,, one last ditch attempt would go a long way to save a marriage.
So do it.
Kiran N. Murthy
Advocate, Bangalore
956 Answers
86 Consultations

5.0 on 5.0

Dear Client,
In my opinion she is suffering lack of libido and psycho problem, this can be rectified if you take her to good psychiatrist. It is not a big problem to go for divorce, this can be cured if proper medication provided her immediately.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultation

3.9 on 5.0

You can file RCR and save your marriage you can file a counter saying that you are not willing for divorce and ready to take back. Then court won't award divorce
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

3.5 on 5.0

if you want to save your marriage then you both are the competent persons. If you want to get solution from the court then you'll get no remedy from the court. Because there is no provisions in law which force the spouse to live together. So dear friend you try every step for amicable settlement of this issue. Don't file any case until you have reached at that point where no option left.
Shivendra Pratap Singh
Advocate, Lucknow
4819 Answers
77 Consultations

4.9 on 5.0

in your case court cannot give any direction to save your marriage .Only one thing is that both you attend counseling with who knows better about value of marriage ,concept of married life. though it will take some time but you have to try. good luck.
Namavarapu Rajeshwar Rao
Advocate, Hyderabad
13 Answers

3.7 on 5.0

1. Your legal option is to file for resumption of conjugal rights against her, but it is not advisable as it will widen the gap between both of you in as much as your wife may lose any trace of interest she has in sustaining the marriage. Courts should be approached for ending the marriage, not for saving it. If you want to save your marriage then you must convince her to see a marriage counsellor with you. Legal aspect of filing for RCR also should be taken into account. In a free country governed by the rule of law you cannot force your spouse to live with you. So do not go to court as it will be a futile exercise.

2. Talking of her legal options, she can file for divorce. If you do not wish to end the marriage then you can contest her case for divorce by engaging a lawyer. Court will not grant her divorce until and unless she proves the grounds of divorce.
Ashish Davessar
Advocate, Jaipur
22896 Answers
618 Consultations

5.0 on 5.0

If she is not willing and you have no option to salvage the marriage go for mutual consent divorce. no point in chasing someone. these things do happen in life.
Tulika Prakash
Advocate, Gurgaon
113 Answers
77 Consultations

5.0 on 5.0

1. No court can force your wife to stay with you if she does not want to,

2. So, there is no meaning of your marriage or married life if she does not want to stay with you even without any fault of yours,

3. Your wife shall have to file a divorce suit on some ground like cruelty which shall have to be valid as per law, with evidence,

4. If you contest the case, it can be dragged to even 10 years & till then you can think that you are still married to her,

5. However, the said married life will be meaningless for you,

6. Agree for MCD and get rid of this problem to move on in your life.
Krishna Kishore Ganguly
Advocate, Kolkata
17229 Answers
421 Consultations

5.0 on 5.0

Dear Querist
there is no rule or law in india regarding forcefully living with the opposite party, if one party of the marriage is not ready to live with the another then the court may not force to live with them but the court may pass an order only to live with the husband if Husband filed any case of RCR and there is no specific ground to live separately. but if she is not obey the court order then there is only two option left, one is file a contempt of court petition or file a divorce petition but the court may not force to live with the husband.
it will be better to contact a lawyer or marriage counselor and try to save the marriage.
if not possible then try to MCD, it will be better for both of you.
Nadeem Qureshi
Advocate, New Delhi
4641 Answers
211 Consultations

4.9 on 5.0

dear querist, you may fight a case of divorce filed by her as there is no ground for her to get divorce you can drag the matter for years together. but this is not going to sort out your problems as there is no law which can force her to live with you against her wishes. so it is better to convince her for settlement through counciling & all if she still does not agree it is better for to go for MCD
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

3.9 on 5.0

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