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Dennis dez (Business)     05 July 2016

I am not willing for divorce

My wife had filed a case against me mentioning as usual divorce norms and she is willing for divorce without any valuable reason. I have two children, one daugheter and one son (12 and 7 age). The case was lodged during 2014 June and I am still fighthing for reunion because of my children's life. Due to some small family disputes she had filed a case by listening to others. At the time of councelling, she had to the councellors different, different reasons but not as mentioned in the petitions. During the time of first councelling she had not willing to receive interim maintenance and it was recorded, and asked only for divorce. During the time next coucelling, the councellor asked me to pay some amount for maintaing my Children, So I have told that I will pay Rs.5000/- every month, but my wife refused to accept it and said that why do I need that begger money. Like this, my wife had given different, different reasons. She had filed the petitions given all false allegation on me. Still now I have not accepted for divorce and I am willing for reunion. The case was dragging and after 2 years, my wife had filed a petition asking for interim maintenance and they was close the case of settlement. Since I am not willing for divorce, is it need I have to pay interim maintance or settlement of our case. Can anyone please give clarification of this case.  


 5 Replies

Khush   05 July 2016

From your query it seems that she does not have any reason for divorce. Therefore, I am sure court will not grant her divorce. Courts grant only divorce if there is cruelty, desertion, or extra marital affairs. In your case as you are saying that your wife is changing her statements, ttarget='_blank' rel='nofollow' hrefore it seems court will not grant her divorce.

Its upto you if you also want divorce, then you both can mutually agree for divorce, if both parties mutually agree for divorce then court grants the divorce in six months. For this, you both have to agree for permanent alimony amount that is how much in lumpsump you want to pay your wife in cash for divorce.

If you do not want divorce, and want to take your wife wiht you, then at the most she can file maintenance petition in court, and you have to give monthly maintenance to her. You can contest the case on merits, and try to minimize the amount if she is working or having experience. 

Sandhya Srinivas (Advocate & Legal consultant)     05 July 2016

Dear Dennis,

Even you are not willing for Divorce. It is your duty to pay maintenance to your wife and children.

If you establish that your wife is capable to maintain herself, by producing documents related to her source of income or any properties in her name. If you have anything on record about her rejection to maintenance amount as you stated, you can produce the same before court. Hon'ble court may reject maintenance to your wife or quantum may be reduced.

But your children are entitled to maintenance. 

Vibha   05 July 2016

  1. Spousal and child support is a statutory right in India (and most other countries). If your wife or children are eligible to receive such support, you need to pay it irrespective of anything else that might be going on. Even after divorce maintenance needs to be paid.
  2. Paying maintenance has no connection with divorce. It will not affect your ability to contest divorce in anyway.
  3. It is commendable that you are fighting to keep your family together. However if one spouse is adamant about wanting divorce, there is not much you can do to prevent it in the long run.

Dennis dez (Business)     05 July 2016

Thank you for your valuable response. There is no any cruelty in my case but they have mentioned in the petition like that and all other usual norms applying for divorce. I am ready to live with my wife forgetting all the past events that I have gained from her. But they have changed eveything on me and filed a case. I was so loving with my family and children and now they have separated me from my children. I have not seen my children for the past one year and they are polluted my children against me. I have done for them both physically and financially from the day one of my marriage. I have not taken a single paise as a dowry. During our separation period also I have spent some amount to pay my children's school fees and other needy expenses. I have met my wife and children for 2 months, dropped them to school regularly, taking them to shopping and hotels, bring them to my residence. After getting all this from me, again they have refused to send my children with me, when the time of court case is on near. I really don't know how to react on this case. 

A walk alone (-)     09 July 2016

Brother she know your weakness ( your children)that's why she is taking advantage. As your children are above 5 you can file custody case. She has file divorce fight case on your merit's. divorce is not easy without any strong reason . But remember one thing no one can force her for reunion. File custody case for your children

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