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Vidyadhar1 (clerk)     03 January 2010

Can i get a divorce even if my wife refuses to give it.

Hi Friends,

I got married last year on March 1st 2009. Since then iam facing problems from my wife and her parents. They ill treat me and my family and also spread wrong rumours about us. Its been 7 months now that iam not living with my wife. She is at her fathers place. She doesnt want to live with me nor does she want to give divorce to me .I would like to know when can i apply for divorce and what would happen if my wife refuses to give me divorce.

She knows that after 1 year of being married, husband can also apply for divorce so she was keeping quite all these months but now suddenly as the time is coming close to being 1 year she is trying to communicate with me and wants to enter my house forcefully against me and my family's wishes. How can i stop her from entering my house(is there any law or a rule to prevent this from happening).

 

 



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 23 Replies

K.C.Suresh (Advocate)     03 January 2010

Mr.Vidhyadhar, Is it your house or parents house. If the owner is one except you then file a civil injunction suit to restrain her from entering into that house. Next course is you ctake all the preperations to file a suit for divorce. Anticipating a 498A case against you and your family members you may issue a legal notice through a competent advoctae for divorce even it is immature now. So that you can defend yourself that even if a 498A case comes from her side even after 7 months it is an after thought/effect of the legal notice. Law is favouring her unfairly. So be alert and make up your mind and pocket ready to fight the evil. Adv KC Suresh

adv. rajeev ( rajoo ) (practicing advocate)     03 January 2010

within one year you wont get divorce, minimum one year is required to seek divorce on desertion ground.

Kiran Kumar (Lawyer)     03 January 2010

u can not get divorce unilaterly, a proper petition has to be filed in the court as advised by Rajeev, so the proper procedure has to be followed....and u ll ve to prove your grounds too.

 

u can not force your wife to stay away from the matrimonial home.

 

the best solution in such kind of situation is compromise, talk to your wife and make a proper decision whether you both can continue with marriage or not.

 

litigation will give u sleepless nights and empty pockets, try to solve the matter with mutual discussions.

sunil pagare (lawyer)     03 January 2010

MR. Vidhadhar Law favours the women it is not so easy to get divorce. If u file the petition for divorce  u & ur family  will suffer a lot.so think again take the step for compramise as Kiranji said.

DR.SANAT KUMAR DASH (Eye Specialist)     03 January 2010

 DEAR  BIDYADHAR,  YOU  SHOULD   TALK   TO  U'R  WIFE   &    RECONCILE    WITH   HER. IF  SHE  IS  AGREE  TO   LIVE  WITH  U,  THEN  IT  IS   BETTER.  IF   NOT,  THEN    GO   FOR   DIVORCE   ON   MUTUAL    CONSENT.

Sensei Mohan (Self Defence Trainer)     03 January 2010

Dear  Friend.  Let me know and inform some facts what is happeninig in and arround us. Normally the girls files casses against their husbands and his families because of getting Divorce. Many times the Motive behind this would be  some Illegal Connection. these kind of the Girls simply go out from husband house and goes to police gives the Complaints and Torture her husband and using this they will file the divorce petition.

The law is also clear. But the Judges who sitting int he possision  does not aware of the Law. So that only this becomes major issue. next. Some advocates for getting mony they simply give the Wrong guidance to the Clients.

I am with you.  i believes that she may sincerly loves you. So pls consider the Seperate stay facility with her. and understand what she thinks.   Speak....... Speak....... Speak.   Dont use Mediator.

i do not believe that the law only favour against woman. i hope just Read the Indian Penal Code sec 211, 120B, and in dowry case, giving dowry is also offence.  Devil never won. be truthful. and believe your self.

Adv ramesh chheda (prop)     03 January 2010

yes even u r wife is not ready to give u divorce, u can file div petition of  u r own to seek divorce frm u r wife on the ground of cruelty administered by her on u . the matter will be contested and if u can prove u r case, then u will be entitle to get divorce. Generally , in this kind of matter, initially wife starts protesting but after some time when they c nothing is remaining in matter , then they can come down for mutual consent divorce and so in the course of proceeding u can convert diivorce petition as mutual consent divorce petition.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 January 2010

Mr! If she is truing to come to your hose means her matrimonail house then allow her otherwise you shall have to face a lot of litigation in her hands. Not only you but all th emembers of your family can have to face the wrath of various cases. it is her right to enter in her matrimonial house and you cannot stop her forcefully or under any threat of law prior to formal passing of a decree of divorce which is not so easy as you deem.


(Guest)

your story falls flat in the court of law, if you put the facts in the court of law, as you put them here on this site.  On one hand, you were telling that your wife and her family were spreading rumours and she deserted you.  On the other hand, you were telling that she would attempt to join you in your house and hence you and your family want to restrain her joining you.  If these are true facts, she is the victim and you are the wrong doer and wrong doers will get no relief from the court.

I totally agree with Mr. Kiran and Mr. Makkad and follow their advice for your betterment.

snchandrasekarabharathi (senior manager (Law))     08 January 2010

I suggest you to talk with the family of your wife along with their well-wishers and your well wishers and get the opinion you have with them and they have about you erazed.  The reasons which you attributed are not enough for a divorce.  It is not advicable to separate from her for such a trivial reason.  Please try to live with your wife.  In case you cannot succeed then you think of filing petition for restitution of conjugal rights.  Then file a petition for divorce.

anjana sharma (advocacy)     12 January 2010

please let me know whether a person can seek divorce from his wife(who is ill treating him)  after only one month of  his marriage  as it is impossible for him to stay with her and if yes how long will the procedure take place and how to go about it? please suggest

 

thanking you


(Guest)

No. One has to wait atleast one year to file divorce petition from the date of marriage.

Even after that, the normal course of time will be taken by the courts to grant divorce, if he/

she succeeds on merits.

 

popye abcd (worker)     12 January 2010

Hi Vidyadhar

You and your family's wish (ie not to take her back) has indeed been intentionally forced to be

so by the girl's side by spreading rumours and maligning your image as indicated by what you have

said. In fact they dont want to send her back but instead of filing divorce by themselves and

thus letting you walk away easily, the scenario wherein parallely with their allegations forcing

you to deny, the girl says that she wants to come back, is to give an impression that its on the

contrary you who is responsible for desertion and if you file divorce now, it would prove this

point & that instead you want to leave her against her wishes so that the divorce would be hard

to contest. Then abiding by their hefty monetary demands thereafter (thats the way these things

end mostly) for a mutual consent divorce alternative would be the only respite for you.

So dont say by yourself that she wants to come back when actually she doesnt; refrain from

conversation with her where you have to tell her a no to coming back; start with filing an RCR

instead citing the false allegations they are putting against you (and stating that they are

false); let them revert in the court with a reluctant behaviour in sending her back. But if they

get ready to send her back 'taking back their allegations', bring her back (may be in a seperate

accomodation, thats better for you since in this otherwise remote possibility your wife may be

longing for your company genuinely) Otherwise and in most probability their reiterating those

false allegations over there would form the grounds for divorce on the basis of cruelty thus met

out to you and you wouldnt be wrong in filing a divorce thereafter.
 

popye abcd (worker)     12 January 2010

Hi Vidyadhar

You and your family's wish (ie not to take her back) has indeed been intentionally forced to be so by the girl's side by spreading rumours and maligning your image as indicated by what you have said. In fact they dont want to send her back but instead of filing divorce by themselves and thus letting you walk away easily, the scenario wherein parallely with their allegations forcing you to deny, the girl says that she wants to come back, is to give an impression that its on the contrary you who is responsible for desertion and if you file divorce now, it would prove this point & that instead you want to leave her against her wishes so that the divorce would be hard to contest. Then abiding by their hefty monetary demands thereafter (thats the way these things end mostly) for a mutual consent divorce alternative would be the only respite for you.

So dont say by yourself that she wants to come back when actually she doesnt; refrain from conversation with her where you have to tell her a no to coming back; start with filing an RCR instead citing the false allegations they are putting against you (and stating that they are false); let them revert in the court with a reluctant behaviour in sending her back. But if they get ready to send her back 'taking back their allegations', bring her back (may be in a seperate accomodation, thats better for you since in this otherwise remote possibility your wife may be longing for your company genuinely) Otherwise and in most probability their reiterating those false allegations over there would form the grounds for divorce on the basis of cruelty thus met out to you and you wouldnt be wrong in filing a divorce thereafter.


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