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Hema@123   20 June 2016

Husband not agreeing divorce nor what to stay with me


My Marrirage was only for short duration, Within a month of marrirage i came to know the true colour of my husband, He had lost his job after engagment which was not communicated to us, I am a HR my professional i send him for interview he does not go, Not Intersted in US job also, Till 6months i have taken care of all his needs, He and his family members have even sold my jewellery, My in laws are useing abusive words if i ask my husband to go to work, His family as lot debt in there home town. One day we had heated argument he used domestic violence aginst me so i left his house and staying in my parents house. Now it is 2yeras we have seprated in the mediation he is not agreeing for Divcore and he is saying he will not allow me to marry again nor be happy in life. He even  does not want to take responsibilty of me . He is still not having job. 

Plz suggest



 13 Replies

kishore (student)     20 June 2016

as he is not with u since 2 years. u can apply for divorce

TS Makkar   20 June 2016

You file for divorce under section 13 as you have two very good grounds, that of cruelty and the other that he has deserted you for more than 2 years. His consent for divorce is only required when a joint petition for divorce by mutual consent is moved under section 13B. However, when you apply for divorce u/s 13, he would have to contest such divorce proceedings and if the court finds that cruelty took place or there is desertion for more than 2 years the court can dissolve such marriage whether the husband agrees or not.

TS Makkar


Kapil Chandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 June 2016



File the case for divorce on the grounds of cruelty, I fell your case is fit for cruelty. 


Warm Regards 

Kapil Chandna Advocate 


1 Like

Anish   20 June 2016

Don't worry, your husband is not able to bound you within the relationship on any legal ground. File you petition on the grounds of cruely and desertion. Anish Sarna

Madansingh Shekhaawat (writer & an editor)     21 June 2016

why you waited two years for sending him divorce notice? without which how can you say that he is not ready for divorce? first send him notice through local advocate after wchich the actual legal process will begin. 

Madansingh Shekhaawat (writer & an editor)     21 June 2016

why you waited two years for sending him divorce notice? without which how can you say that he is not ready for divorce? first send him notice through local advocate after wchich the actual legal process will begin. 

Madansingh Shekhaawat (writer & an editor)     21 June 2016

My dear woman, you think your husband abused and cruelly treated you. At least that is your claim.

However, will you dare to tell me another truth why you waited until now for seeking a legal help despite knowing that your husband abused and ill-treated you for twenty-four months. In addition, even if we assume your story true why did you not approach with police until now? What are you exposing today after two year, what was the reason behind hiding such things until now?

Who abused and ill-treated whom just a month after marriage is matter of trial because this woman has not even issued a notice to her husband. In addition, if husband succeeds in establishing the grounds of wife's cruelty and desertion as under Sec 13(1)(ia) and (ib) of the HMA there will no other reason under the law on account of which the husband will be denied the relief. Based on accusation alone you will not win the case.

Hema@123   21 June 2016

Dear Mr Madan singh,

I waited for so long thinking the situation will change, In indian society do you think we can leave  husband in a months time of marrirage will not parents ask us to change this attitude, For men it is easy to walk of marrirage within a month not for women. I dont think any body well stories in this fourm. Appricate if you can understand people's concerns and  help with suggestion.

Madansingh Shekhaawat (writer & an editor)     21 June 2016

In your case it seems that you feel justified in leaving because you think you have tried everything, but you have actually only said everything. “Women, you are verbal; men are more responsive to action than to words. The real tragedy of the walk away wife scenario is that when she is desirous of divorce, when she has finally done something, she’s moved to act!”

Woman, please decide whether you would like to stay in the marriage as-is, pursue a divorce or reconcile and repair the relationship? Accordingly, law will take its own course. Do not get me wrong, I have raised the questions that you will be facing ahead. In addition, without hearing to your husband it is impossible for you to pursue divorce. Please whatever I said is correct, and even competent court will want to know the answers.

However, woman if you are talking about India and Indian culture I will recommend you reconciliation of your marriage.  Unfortunately, “We’re in an age of consumer marriage —this comes out not in people’s stated values, but when their marriage is troubled,” “Then they start asking, ‘Is this meeting my needs? Am I getting what I deserve?” In my study of people whose marriages had been troubled but saved, a main point was that “they put one foot ahead of the other and persevered, often outlasting the problem.”

Woman, I have has spent over 15 years helping people see the importance of putting their marriage first. In addition, marital counselling, marriage counselling, individual counselling for depression and anxiety. Please do call me on my mobile phone number 09892159711 or write at if you need any kind of help.



naveen (business)     22 June 2016

Hi experts, Sir, t s makkar and anish, U claimed that even if husband won't agree the divorce will b granted to other spouse on the grounds of desertation and cruelty. My question is it applicable to wife also? If she won't agree for divorce and husband has strong grounds to prove cruelty and desertation. If s how long it will take to settle the case in present scenario. For speedy trail of within one year wat to b done? Plz provide suggest with ur valuable thoughts.

Khush   22 June 2016

you can file divorce under section 13 on ground of long dessertion and cruelty, 

contest the case on merit

A walk alone (-)     25 June 2016

think main reason of your marriage failure is his job less. He is just spoiling your life by dragging you in a dead relationship you can file divorce on cruelty and desertion
1 Like

naveen (business)     11 June 2017

Hema, U r absolutely right, its difficult for any women to get out of wedlock. But if situation is too worst one has to think seriously. Being a men I too waiting since 3 years but nothing has changed and it becoming even more worst. If that is the case we need to select last option by getting ready for all types of fights. If at all he is good person I better continue even if not having any earnings. If u r I'll treated go for divorce.

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