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Guruprasad (Lead)     19 September 2013

How divorce can be applied

Dear All,

Thanks for your ongoing advise to every one in this forum. I have a few questions in regards to Divorce as below:

  1. On what basis Divorce can be applied if husband or wife wants to apply.
  2. what can be done to take divorce from wife when wife is not ready to give divorce.
  3. what are all the share has to be given to wife from husband side if divorce declared and husband is working.

The main intention of asking all the above questions is some times my wife will agree with my statement and I will also respect her statements but she always question about my financial thing and try to question on the money spent on my mother medical expenses and other things. Also she doesnt have that much respect about my family. So somtimes I get frustated of giving divorce and she has already told that at any cost she will not give divorce.

Please advise and let me know for any further information to advise better.



 4 Replies

rajiv_lodha (zz)     19 September 2013

U have not mentioned that if HINDU MAARIAGE ACT APPLIES or something matters!

Assuming that its Hindu Marriage Act, these are not sufficient grounds to take divorce from wife. U will see rael hell if this wife retaliates with all-biased laws. So try 2 save ur matrimony rather than taking divorce

Guruprasad (Lead)     19 September 2013

Hi Thanks for your reply and its hindu marriage act.

T. Kalaiselvan, Advocate (Advocate)     19 September 2013

Dear Mr Lead,

Applying for divorce without any sufficient reason or grounds is not that easy.  If it is on cruelty, you must prove it, you cannot apply if there is no permanent break of above two years in the cohabitation, frustration over day to day affairs cannot form a ground for divorce, if your wife is hale and healthy and is eligible and potential enough, you cannot seek divorce on the grounds of impotency; finally you cannot get a divorce from an unwilling wife and who does not suffer any weakness that may prompt you to go for a divorce; instead of provoking her to pursue any legal action against you in the form of domestic violence and other related issues, just compromise with her and live with her happily ignoring the petty issues between you both while being judicious enough to deal with complicated issues with her.

Advocate T Kalaiselvan, Vellore, Ph: +919443441062

laxmi kant joshi (instructor)     20 September 2013

Dear brother don't open The door of hell for you ,never think for divorce , live life in healthy manner otherwise you become in the list of so many sections of ipc and HMA and fights for so many years.

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