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pat (agm)     15 September 2013

What grounds can be divorced filed in my case

i have been married since feb 2012 and now my wife and her family wants divorce as we have our domestic quarels and due to her ego problem she cannot stay with me.

as i got married in feb 12 but since my wife have stayed with me for less than 6 months under same roof and she always stays at her parents on ground of job.she use to visit me on weekly off days and then through phone calls entire can a court accept her divorce plea if she has not stayed with me for more than year?

2. i dont want to give divorce to her as i think there are no major issues and its just misunderstanding and ego clashes that resulted in this issue.i tried to- talk to her but she has not responded and on communicating to her parents they informed that they dont want to talk and only solution is to get what should i do ?

3. if they file for divorce on what ground can they as i have telephone recording of my wife in that she have accepted that all quarel that happen were do to ego and her not having trust on me.also she have agreed that i never asked for dowery or harashment toward  her. do telephone recording have any say in court?

4. do court provide counseling so that marriage can be saved on request of any one party?

your guidance will help me to decide further course of action please help.


 5 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     15 September 2013

It depends upon what you want??

If both wants Divorce,  You both can file MCD and court will allow it. u get Divorced within 6-8 months time u/s 13B


better u try to settle matter. & live happily, as no big mat prob,


YES  court provide counseling so that marriage can be saved. 

pat (agm)     15 September 2013

thank you sir for your reply. from past six months i have been trying to resolve the issue but the other party is too stuborn to sit around the table and discuss the matter.

1.also please provide insight on what ground they can ask for divorce as i said i dont want to give divorce.and if goes to court can telephone recording be hold as evidence of what lady said and now she is denying the same.

2.if she has not lived with me for less than six month after marriage than also she can file a divorce?we are married for 1year 7 month but she hardly stayed at my place for 2-3 months and that to on weekends.

T. Kalaiselvan, Advocate (Advocate)     15 September 2013

You still have chances to save your marriage.  You can file a petition seeking restitution of conjugal rights before the family court of your jurisdiction.  On appearance by notice, a request can be placed for counseling , in counseling see what best can be derived at and if no solution arrived at, better to part ways with a petition for divorce on mutual consent.

gd dy (gd dy)     15 September 2013

hear say - spouse may or may not be present and their lawyer represent .
besides, to counter as well save right of maint., she has given filthy excuses by lodging false complaint  is it true ???


If there are no serious allegations on you from your wife, then the court will not grant divorce. But for a quick escape, she may file false cases on you. Take care.

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