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R S (engineer)     01 June 2023

What happen if i loose divorce case against wife but still do not want to live with her

What happen if I loose divorce case against wife but still do not want to live with her in matrimonial relation ?

Can I file the divorce case again or challenge her in higher court.

I am ready to pay maintenance/alimony if she gives me divorce , will that be enough to get out of her clutches . I cant trust her anymore and she is a habitual liar. And I have this feeling she will be going to prove me wrong and herself as innocent (she is very powerful at letting people believe whatever she wants).

She is a dangerous manipulative woman .Even my parents are now believing in her and taking her sides after all her wrongdoings .


 7 Replies

Alpa Jogi (Advocate) (Lawyer / Advocate)     01 June 2023

First thing in the matter is that for obtaining contested divorce from your wife, you need some strong reason for divorce as listed in your personal law (Adultery, Cruelty, Separtaion etc are some common reasons for Divorce in Hindu Marriage Act). So suppose if you are filling a case of divorce on the grounds of cruelty, burden of proof will be on you to prove that she is cruel to you and hence you cannot continue marriage with her.


If the court could not belive your story, than divorce will not be granted. But still if you feel that your proofs were strong enough that lower court could not appreciate and have errred in passing a judgement than you can approach high court for the same.


But an easy way out is to get a mutual consent divorce by talking your wife and convincing her for a divorce. Since you are ready to pay alimony, I dont think it will be much difficult for you to convince her because 90% of the time, alimony is the main hurdle in mutual divorces. If she is not convinced than you can go for a contested divorce.



Alpa Jogi (Advocate)

Divorce Advocate in Ahmedabad

Niharika Lohan   01 June 2023

Hi R.S., I'm Adv Niharika and this is my take on your query.

Firstly, law can not force two people to stay together, who do not want to stay together. 
Now that you have lost the Divorce case, I see two possible remedies for you.

1- Review (in simple terms, this is a checking of the judgment of the Court which passed it)

2- Appeal (to a higher court, in this way, the aggrieved party knocks the door of a higher authority against the judgment passed by an inferior Court)

Other than the above mentioned, you can withdraw from her society and matrimony. The adverse reaction that your wife can take on this is file an application for Restitution of Conjugal Rights under sec.9 of Hindu Marriage Act, 1955.

Additionally, in the most latest case of *Shilpa Shailesh vs. Varun Srinivasan* decided on 1 May 2023, the Supreme Court of India held that "Irretrievable breakdown of marriage is a ground of dissolved marriage invoking power under Article 142 of Constitution of India. However, this power of the SC is discretionary." 

The case laid down clearly, that when it becomes impossible for both the spouses to reside as husband and wife, despite multiple attempts of conciliation. 
Therefore, this can be your final blow to move to the Supreme Court under Art.142

I hope this information is fruitful to you, in case you have further questions, you can contact me via email at

Shashi Dhara   01 June 2023

You can  drag orappeal to  court to court until one will go to heaven or hell don't be disgust with one court judgement advocates are ready and dedicate to  provide justice for you .

Dr. J C Vashista (Advocate and Legal Consultant)     02 June 2023

Court / law cannot compel you to stay with your wife, proceed in appeal through your counsel.

N.K.Assumi (Advocate)     02 June 2023

In case of irrevertable breal down of marriage Divorce is the only solution, and there is no alternative course. Snaped the ties and to look forward for a new future is the only course. That Article 142 is dicreatinary, but exercise of discreationary power is to be found in what is Justice? 

Real Soul.... (LEGAL)     02 June 2023

 just keep your apprehensions aside and  file for divorce, the grounds for divorce must  be certain and you have to prove them, it is  for later stage to decide the strategy in consequential loss.

T. Kalaiselvan, Advocate (Advocate)     02 June 2023

If your divorce case is dismissed and if you are aggrieved over the decision, you may prefer an appeal against the judgment.

Even otherwise you cannot be compelled to live with her against your willingness.


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