What will happen if wife doesnt want to give divorce?

Originally posted by : jbsrc10
	Hi Gurus,                    I have applied divorce recently. what will happen if wife come and say in front of the judge like i will not give divorce and i want to stay with him? I staying away from her from past 2 years and I dont want to live with her anymore. I want to end up this marriage relationship ASAP. Ps: I made a strong decision to not stay with her anymore and thats why i applied for divorce. Please advice me on this and how to move forward to get my divorce from her. Thanks. Suraj..

There is no other way to move forward than waiting for court to take steps on the divorce petition you have filed.  First, there should be some solid reason for you to file divorce, then the case will move forward towards divorce.  

Merely telling that I want to live with my husband does not amount to anything but the case getting delayed for years together, say 5-6 years.  She will keep telling "I WANT TO COHABIT WITH MY HUSBAND" and you will keep telling NO I DONT WANT TO TAKE HER BACK for blah blah reasons.  Dont worry, no court can force you to take her back.  She will try all means and methods to come back to you, but eventually it is your decision.  Once you have made up your mind not to take her back then; that's it.  

But in the interim you will have to pay her maintenance if she has filed a maintenance application [such maintenance is awarded if she is not a working woman] in case you prove that she is a able bodied woman who is earning money, then she wont get any maintenance from court through you.

If you want divorce urgently, then ask your wife to give you MUTUAL CONSENT DIVORCE [such divorce can be gotten in 6 months time and usually by paying hefty amount as one time alimony to her].  if you dont want to spend money on one time alimony, still in the end after you get divorce you will have to keep paying her alimony until she remarries.  So my advice would be, pay her now and get rid of her, than paying her in the end after getting divorce.

Good luck.

@helping hand i dont if you are lawyer or not but these copy book ans doesnt work in court. I m suffering and i know that if you will say i m not keeping my wife and she will continue to say i want to continue with wedding and without giving any soli reason even judge will form a notion and you will have to pay maintenance you cant say i dnt want to keep her and she will be able to earn i m telling you practically if she will proof desertion it will be a point for maintenance  please ask your lawyer frankly its so easy to say but in courts everything work on facts i m suffering thats why i m saying

Till you have a valid ground, like cruelty, desertion of 2 years from her side, her adultery or incurable form of mental disorder, you will not be going to get divorce.  Otherwise, wait till amendments made in the Act where "irretrivable break down  of marriage" is a ground for divorce.

Hi All,

               She was mentally tortured me.  She came and made a big mess during my sister's marriage in the marrige hall with hooligans ( All people in the marriage hall they saw as how she behaved) . She threatend me in the form of commiting sucide and she did twice and one time she torn my return flight ticket . As I am staying overseas,she is threatening me like I will bring you to india and I will make you jobless. Her brother was involved in all these activities. when i was there in india he was also  threatend  like I will kill you but I didnt record that.

Please advice me on this to proceed further.

Thanks,

Suraj.

Dear,

Reading your last post clearly suggest that her behaviour is cruel and it is not out of danger to live with her anymore, better file a divorce petition on the ground of cruelty and get the same done.

Advocate Kapil Chandna

9911218741

Originally posted by : jbsrc10
	Hi All,                She was mentally tortured me.  She came and made a big mess during my sister's marriage in the marrige hall with hooligans ( All people in the marriage hall they saw as how she behaved) . She threatend me in the form of commiting sucide and she did twice and one time she torn my return flight ticket . As I am staying overseas,she is threatening me like I will bring you to india and I will make you jobless. Her brother was involved in all these activities. when i was there in india he was also  threatend  like I will kill you but I didnt record that. Please advice me on this to proceed further. Thanks, Suraj.

You will need documentary evidence as to that effect.  When you say they told I will kill you, you should have lodged a police complaint against that person, such things will act as evidence in court of law.

If your wife has tried to commit suicide, the you should have taken her to hospital, gotten her admitted and also registered a police case against her to that effect which will act as factual evidence against her in court of law EG:  Medical certificate, police complaint report number.  Such acts cannot be tolerated at any cost and can put people in danger you and people around you.  

So by these things one can think of getting divorce.  or as I told above, pay her money and get rid of her as you both dont seem to be compatible enough to lead happy marital life.

Dear All,

                    Thank you very much for your support.  I have a doubt here. lets say if she doesn't come to the court, in how many days  I can get the ex-parte order? will the court send any detailed story to her saying that you didnt appear in the court  for couple of court hearings so we will give the ex-parte order to the petitioner (its me) ? in that case after getting this detail story from the court what  the judge will do if she come to the court for next hearing? I am getting head ache and frustration because of this uneducated and foolish girl.

Thanks a lot for your big help.

It is hard to believe that in the beginning of her marriage she created scene in your sister's marriage.  There might have been some preceding events in which you or her or both may be guilty.  Without full facts no useful advise can be given.

your grounds of divorce will be based on cruelty.You need to prove all this occurences.If you do not want to stay with her the court cannot enforce you,but the legal process is so slow and biased that it will take years to get the divorce.She will take counterblast filing Dv/498 cases on you and your family members.Better negotiate for mcd and end it all.

I can understand that you have filed for divorce under grounds of cruelty or desertion of 2 years..Anyhow, if your wife contests your case, the court will proceed with the case. You shall place your evidence for divorce and she will oppose the same with the evidence available with her. The court will decide what shall be done with your case. But in between lot of efforts will be made for reconciliation.....