Samrat (HR Expert) 17 July 2013

What is the procedure to get divorce from wife w/o consent

Hi,

I am 32 year old guy been married for around 3 years. We have lot of issues while living together. it has been a bumpy ride with lots of lows than highs. My wife is ill tempered and impatient. She has left home many a times after our fights. We both have problems with each other.. She has problem with my parents as well. I also have issues with her attitude,arguments and constant instigation and investigation that she does on me. According to her she is always right and I am always wrong. I have tried many a times to resolve things with all the calming efforts. But her parents are less supporting and whenever she leaves home they dont tell her to go back and solve issues. She wants to live separetely from me but doesnt want to get divorced. She is working woman and earning around 20k and i am also working n my salary is 36K. She is currently living with her sis for the last 2 weeks. I have begged and requested her to come back and live with us so that we can sort out problems with my family as well. But she is refusing to budge from it and speaks ill about my mother. Earlier last year she has stayed away from me for 5 months. After much prodding and persuasion she came back. We both are in such a stage now where its not possible to stay happily for even 1 day without fight. SO what can i do wherein I can get divorce from her and also dont pay her any alimony. We have married through hindu traditions but we dont have our marriage registered. Apart from that we dont have any kids. I dont earn so much or doesnt have any assets wherein I can afford to pay her alimony. Please suggest what can be done.

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3 Replies

(Guest)

Divorce not that easy.

Mutual consent divorce = 6 months.

She working woman, so no need to pay alimony.

If she wont agree for MCD, then contested divorce aaram se 5-6 years will be gone with the wind.

As she is ill tempered, she might file false case on you keeping grudge on you, dowry case, DV case, to come out of it clean 5-6 years.

So depending on how ill-tempered your wife you decide on future course.

If she goes against you, you easily lose 10 to 12 years and not to mention being arrested [including your whole family members] imprisoned etc

Dont forget nobody will fight your case for free, so you will have to cough out a lot of money on lawyer fees.

Gauranteed = grey hair.

So you decide what you want to do, keep fighting or ready steady go, 1..2..3.. to court and keep roaming till no end !!

(Guest)

My advice would be.. adjust with her, somehow.

Adv k . mahesh (advocate) 18 July 2013

As per the words ill tempered and impatient

talk to her once and tell lher the to come back and give her time to decide (you decide because you are the person who can justify her) after that time you had given her if she does not come back go to her personally take her outside ( she may insist to come out ) but tell her if our marriage want to e continued happily then come out and talk to her breifly what to do if she is ot interested in the matrimoinal then decide both for mutual as she is having only problem with your parents and she will insist to come out of the family and she will come to you

if your are interested then start a new life if not then decide what to do because as already explained above only MCD is the best option and even you can remarry and leave happily