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Vidhi (Owner)     07 June 2012

How to get divorce when wife is not ready?

Dear All,

I have a question. One of my freind was married in very young age (20). He is a business man, M. Sc. , MBA and a very good person but he is not happy with his wife, She is 12th pass, very rude, she usualy abuses every one (as I have seen). keep on fighting etc. They don't have any relation from last 3-4 years (as per his wife). She was living at her mothers house from last 2 years but still she is not ready to give him divorce. My freind also have a girl friend and they want to marry but his wife is not ready to give divorce. She threaten him that she will file a dowery case against him and his family, so he feel very helpless and under great depression. You must have faced such cases when wemen are using dowery act in a wrong way. She has gone to police also but case is not filed till now but she is regularly trying ton harash him.

So is there any provision in law to get divorce in such situatuin?


 11 Replies

HK_Jain... (498a Fighter)     07 June 2012

The answer is

Fight for Contested divorce

cruelty & desertion u/s section 13 (1)ia &ib


Go for contested divorce. It is better to file for divorce before the wife files a false complaint of dowry.

Vidhi (Owner)     07 June 2012

Thanks for your advice. 


Cruelty agaibnst Husband is sufficient ground for Divodce.


Your friend has a keep.Yet you call him a good person?


You saw her quarrelling.So you assumed her to be bad.


My friend,you have to be in that wife's position to understand why she acts in that way.There are men(like my old,bald husband)who give a different picture to the outside world,and another one at home.So outsiders find them good because they pretend to be good,but insiders,like this wife find them not compassionate.If  your friend was a really good person,would he have cared for her feelings and not kept a girl friend?Rather I find this wife straightforward and outspoken,which you term as her quarrelsome nature.She may seem bad,but she is trying to keep her marriage intact.I am an Americana,d here you'll find that American gals don't care a hoot for their husbands.They will throw them for their pet also,if suppose the husband is not fond of pets.

If wife left him,did you ask your soul why she left such a kind,good husband,as made out by you?


Or perhaps you are that intruder who's ruined his marriage.

Mohankumar (engineer)     08 June 2012

dont go to court... u wont get justice. and if it is contested divorce law is for women. men wont get any justice in front of law. ask anybody in this forum. i am a tru victim of this contested divorce. NEVER aproach court you wont get divorce. min 3 years ...

rajiv_lodha (zz)     09 June 2012

True to large extent.

Better work out MCD.....................if not possible, ener live-in relationship. Be raedy to give wife maint, shelter.

user (user)     15 October 2013

Dear Friends, I got married 6 months back and after spending 2 months of marriage I came to know that my wife has illegal relationship. She had a boyfriend in past and her affair is still continues with her boyfriend even after marriage.

This I came to know after reading her SMS/chats, FB conversations etc. In most of her SMS's with her boyfriend, she talks about that she loves him (her boyfriend),he is my real love etc and many other things that clearly proves that she is still in touch with him and very frequently goes out to meet him during my absence. She is very rude and adamant in nature and if I ask anything she just ignores and never tells the true.

After we came to know about all these, we left her to her parent’s house safely and told everything’s and showed the SMS/chats to her parents. But her parent’s reaction was as if they knew about all these well in advance (before her marriage and they concealed with us). We have all these SMSs and chats with us as well. I can’t and don’t live with her my whole life.

Will SMS/Chats, FB conversations will be sufficient to prove her characterless and work as evidence? How to tackle this situation and how easy it will be to get divorce and save my family from jail.

What would be the worst situation? Please suggest how I can get rid of her (get divorce).  


Still amazed after reading above repliers.....I think they have missed the following:

1. According to Marriage in India a male has to attained 21 yrs of minimum age during the time of marriage to make it valid.

Here, The plaintiffs age was 20 years when he got married.....So if he had sufficient proof during that time,then he can easily make his marriage null and void,,,,


2.Even as per the query there is no child from wedlock/No consummation from long years.

 According to query,Husband and wife is seperated more than 2 years .......A fit case for divorce on the basis of mental cruelity plus Desertion.

Only thing he has to show the mental cruelities and prove it infront of the court which caused 2 years of desertion and more.

1 Like

Atin Dasgupta (Director)     15 October 2013

There is a saying that a - tedhi ungli - always works in situations when a straight finger is not working! In this case, there might be two sides to every story and we do not know how pious your friend is though he is claiming to be very nice and pious. From your perspective obviously you will take your friend's side. But well, one of the solutions to this is to prove evidence in which case one can plant miniature bugging devices in your house and record all the conversations including where she as a wife is refusing to have s*x with your friend which is itself grounds enough for divorce. On the other hand a good private detective can think up of something more cunning to entrap her including sending a very handsome man to have an affair with her and then taking pictures of that which will immediately give you solid evidence for divorce. These are just one of the many ideas that one can think of in cases like this where the woman is making life miserable for the husband and there seems to be no straight way out. But then these elaborate strategies require a lot of planning and a large investment to be made which of course the common man cannot afford. If he can afford it, well and good :-) A mixture of microphone recording evidences as well as videos of her and her 'mole' lover should be enough for your friend to get rid of her forever!

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