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Adarsh (manager)     18 January 2011

My wife refuses for divorce and wants to stay alone

I've been married for close to two years. My wife and I have been staying apart for 7 months now without any contact with eachother whatsoever..recently I spoke to her to agree for a mutual divorce but she is unwilling. She wants to live alone by herself and does not want to divorce. I'm not sure what to do in this situation. Please help.


 27 Replies

Avnish Kaur (Consultant)     18 January 2011

FILE rcr

Arup (UNEMPLOYED)     18 January 2011

sec 9 hma, rcr will be appropriate.

desertation of 2 years and refuse to do s*x (cruelty) also applicable here for divorce u/s 13 of hma.

S.N.RAJU (PA TO JUDGE)     18 January 2011

when the wife refuses to give divorce the matter may be take long time through court as per the procedure of Indian Courts.  First you will file Sec.9 petition against your wife for restitution of conjugal rights, as per your statement she may not join with you though the order passed in favour of you.  Thereafter you will approach the Court for divorce by taking one of the ground she failed to join you.  If you directly approach the Family Court for divorce you may not prove before the court about her fault by living separately as she may took false pleas in her counter by stating that due to your cruel attitude she has been living separately.  My view that you will approach her through mediators and settle the matter through mediation it will solve the problem by short time, if ;you approach the court you may wonder years together. 

1 Like

N.K.Assumi (Advocate)     18 January 2011

Just go for RCR and if failed file petition for divorce on grounds of desertion without reasonable cause.

1 Like

Arvind Singh Chauhan (advocate)     18 January 2011

Don't spoil the life. 7 moth's time is not a long time. I think You both requires counselling. Try to meet out solutions amicably.

1 Like

MANOJ KUMAR JAIN (LAWYER -JOB )     18 January 2011

agree with Arvind , Please proceed for litigation as suggested above only after made all amicable efforts .

1 Like

Adarsh (manager)     18 January 2011

Dear sir, I've tried my efforts by talking to her parents. Both of us realize that this marriage will not work out. But I dont understand the reason of her staying by herself...I've tried to make her understand that let her agree for a mutual divorce and both of us start a new life, but she fails to understand.. What is the point is staying like this.. Somewhere bottom line I feel this is an intention for me to get desperate and file for a divorce and pay her a hefty compensation. She has a good job and is earning close to 18K a month. I'm now worried to start any project, be it a housing loan or any investment, coz I feel she will later come back... She is upto something.

MANOJ KUMAR JAIN (LAWYER -JOB )     18 January 2011

Option is with you and u will have to take one stand . My only advise to you now to engage a good Advocate to get its opinion by disclosing all facts which I dont think ,you have disclosed here .


All the best .

Avnish Kaur (Consultant)     18 January 2011

FIle divorce on basis of desertion, if u have profs of her gud earning she will not get a signle penny in maintenance dont worry.

1 Like

Adarsh (manager)     18 January 2011

Talking abt Mr.Manoj's point of the facts..Here are the instances. First of all it was an arranged marriage. I had the shock of my life when my wife said that her father wanted to get her married at the age of 21. I realized that her parents wanted to get rid of her. 2) She doesnt communicate or can strike a conversation on any topic on earth..Life has been - get up, eat, go to work and then she drags me to bed. As long as she was s*xually satisfied, she does not need anything practically. There has been times she used to abuse me when I dont fulfil her desires even though I was sick.

Her parents started to trouble me saying I'm always with my mother, so I decided to stay away in a rented apartment, but still things didnt work out. She was such an idiot that she used to throw her sanitary napkins in the kitchen dustbin, dance in the church when the choir is singing. I took her to her parents and explained the situation. Her parents told my wife(her daughter) to leave me and wanted a "settlement" thats the word they used and I'm sure they are waiting for me to file a case and pay a compensation.

Now the situation I'm in is that her parents want her to separate and my wife wants to live by herself without a divorce..

Avnish Kaur (Consultant)     18 January 2011

very important for u to get Proofs of her earning , although i still feel if u can reconcile in someway it wud have been gud. these are adjustment problems which u two can sort out.

1 Like

Adarsh (manager)     18 January 2011

Hi Avnish, I know for sure that this marriage will not work out. I have no emotional attachments towards her. Regarding her income proof, how do I get it? Unless there is a court proceedings she will not provide her income details.

Adarsh (manager)     18 January 2011

Does this process take years when i file a RCR?

Sanket Sharma (AM)     18 January 2011

Go gor councelling, try finding solution in keeping the marriage on and not by divorce.  " wants to stay alone"  we are born with bondle of desire by time to time. try keeping marriage intact

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