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If husband wants divorce but wife is not ready at all for divorce,then what ???

Guest (Querist) 03 December 2010 This query is : Resolved 
My brother in law married year a go.it was arrange marriage and it never went well from the beginning mainly due to vast culture and social difference between him and his wife. she is from small town with very typical thinking and behaviour of in laws and she has no interest in trying to get along with husband, taking any interest in learning modern way of leaving or have any conversation with anybody around her. it seems, there is no hope to change her attitudes and way of thinking. basically they do not fit each other at all. it is very difficult to convince any outsider that this could be the reason to get separated. but beyond that, i learnt that unless his wife agrees, he can not get divorced. also, she can put him and his widowed mom behind the bars by simpling accusing for harassment with out any truth. i can not believe that one can live his entire life with wife like her where there is no hope for love and affection and only thing you have is sens less fight, arguments,mistrust and disrespect. if my brother in law leaves india for couple of years or more leaving her behind in india, can he file for divorce based on leaving separate for 2-3 years and can he get divorce even if his wife does not want to????? please bring some advice or information or suggestion before his life becomes unbearable and he does something serious with himself. But his wife is not ready at all for divorce, she has said that she will never ever give her consent, she is adament and sure that she will never give divorce to her husband, her character is good, so nobody can blame or say anything wrong about her character,she is mentally fine,she is a normal lady with no default. So in this case how can my brother in law get divorce??? will court consider him or his wife ???
And is such case how much time will take for a decision ???
And in such case my brother in law will have have to spend alot , but what about his wife ??? she will also have to appoint a lawyer and pay the expense during the case, or she can avoid expense of lawyer ???
Even she is not ready to accept allimony,she is not ready for divorce.
adv. rajeev ( rajoo ) (Expert) 03 December 2010
Absolutely there is no grounds for the divorce. Only allegation is about the wife's nature.
Even inspite of several efforts her husband failed to change her nature no body can do anything, even divorce also. Some times leave her in her mother's house informing his in laws that purposely it is doing to change her nature. Let the husband try for it.
Guest (Querist) 03 December 2010
thankyou sir.
My brother in law simply hates his wife and does not want to give any chance ,he just wants divorce and his wife knows that,but she is adament that she won't sign divorce papers, and she will never give divorce till her death. so thats my brother in laws problem, he wants divorce at any cost but he have no reasons.

So iam asking u sir is their any way to get divorce, if the wife doesnt agree for divorce ,and she is not ready to take any allimony,she just doesn't want divorce ??????So how can my brother break this marriage without his wife's consent???
s.subramanian (Expert) 03 December 2010
Then you have to approach the court only and fight for divorce. No other option.
Guest (Querist) 03 December 2010
But if he files a case, he has nothing to prove her wrong,except her nature which is different due to social & cultural difference,he can put some alligations but inflicting false alligations will be of no use because he don't have any proofs to prove those alligations.There is just difference in thinking in both of them,they are not compatible,but the wife is not ready for divorce.

so in this case how can we fight in court for divorce and if my brother in law wins, can court forcefully dissolve this marriage ????? Is it possible??? And how much time does it take in such cases???


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