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

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

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

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.

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.

 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.

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.

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.

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.

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.

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

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.
 

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.

Hello Mr. Vidhyadhar,

                                             I am not a lawyer but a normal lady. I do not know why there was desertion in your married life, didn't both of  u liked each other before marriage. If u both liked each other then i think there might be a misunderstanding between u couple solve it, after all she is ur wife, none other than u can understand her and i hope u may have not gone to take her back home, that might be the reason for she did not come back. Pride might have u stopped u from going to her, didn't she was good with u before desertion, hear to her she may be having some problems with ur parents,set it right, u people have promised each other to live together, respect ur promise. would ur ur parents unwillingness bring unwillingness in u also, if so then its ur mistake, she is ur wife u should listen to ur heart and remember ur promise. She may be looking for ur affection which u could not not fullfill, look at this. love really melts a rock, try it she is a woman she will definitely agree if u truly wish. i hope life is not a equation where parents are constant and wife is a variable for u. I have shared my views which are really true if worked out. I wish u both couple be happy together always.

Dear Friend,  We can understood that, she is not ready to give divorce, If u file a divorce under disertion, you are invaiting the problems.  It is not a solutions, please meet their parents, relatives and well wishers,friends, you also give up someting to gain her love and affection. It is life not a shirt to change whenever we wish.  If she has any outside affair & issues pertining to health,  your thinking may be right, but the issue is different, please sit and discuss, find solutions. Do you think, you will get best in second chance, take some good decision, It is just a matrimonial day to day issue, it is their in every family, she may be arrogent and may b some attitude issue. Dont go for Divorce, speak to her