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gurpreet (manager)     26 December 2011

Wife not giving divorce bt i dont want live with her

Hi Sir,

 m 27 years old belongs to punjab..in 2006 m married nd have a baby boy. after marrge there is starting mishapning in my life.. nd our releation ship going bad day by day. nd after that i decide to not living with my wife nd 3 years ago m have started live alone from my wife..many time my family advise me to live with her but day by day my mind has got changed.. now it has been past 3 years for all. nd i have decided to divorce her. nd she doesnt want because she thought she will harrasing me. kly suggest me how can i divorce from her?? if she deny for that.. kly suggest...



 22 Replies

Ranee....... (NA)     26 December 2011

what was the reason behind living separately.Your query is not enough informative to suggest you by ld Advocates in this regards.

SHILPA HATTI (Advocate)     26 December 2011

There must be a valid ground for u to divorce..mere saying that there is no understanding between u and her and she refusing to give divorce will not be a valid ground for u to apply for decree of divorce

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

There are no specific ground which you have disclosed to merit divorce.


Shonee Kapoor

Master Warrior (AOR)     26 December 2011

You can go for cruelty, but start gathering proofs/emails/recordings otherwise it'll take a while.

Sudhir Kumar, Advocate (Advocate)     26 December 2011

There are people who will advise you to invent allegations against her.  In this case you have not stated anything like cruelity. Cruelity is on your part desertion is on your part as you have said. Your actions are not supported by the society in which you live.

1 Like

Master Warrior (AOR)     26 December 2011

gurpreet: Please clarify the following parts of your post so that Sudhir will not think people are advising you to "invent" allegations:

"nd our releation ship going bad day by day. " -->> "bad day by day"?
 nd she doesnt want because she thought she will harrasing me."

Ranee....... (NA)     26 December 2011

Originally posted by :Master Warrior
You can go for cruelty, but start gathering proofs/emails/recordings otherwise it'll take a while.

I dont know what AOR means but if you r not an advocate you should be an Advocate.You would earn a lot by misguiding clients inspite of any positive result at the end of the case in ypur clients favour.

Master Warrior (AOR)     26 December 2011

I'm not sure what AOR means either, the site put it up.

And read the post just above yours before trying to post. Notice it says to clarify what he said? "relationship going bad day by day"? "she thought she will harassing me"?


Clearly if it is "going bad" and 'after marriage' at that, there's something else there. The "she thought she will harassing me" part doesn't make sense one way or another so I asked him to clarify what he meant.

I'm sure you can show me where I was "misguiding" him though. He is miserable, and I'm sure his wife is too. If the marriage hasn't been happy for 3 years, neither will be happy in the future either. Or maybe we should wait for her to file a false 498A, and then have him file for divorce, or is filing a 498A also not cruelty?


I said "start gathering proofs". You can look up "sabhoot" (I think that's how it would be pronounced in Hindi?), or just look at this  link: https://dictionary.reference.com/browse/proofs


That said, I'm not forcing him to take my advice, just as I'm not forcing you to actually read the entire post before commenting, which clearly you did not do.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 December 2011

AOR to the best of my knowledge in legal parlance means Advocate on Record.


However,  Warrior, "WILL" is future tense, means probably she would. On this ground how can a case be filed.


I allege, "You will murder me", can I get you convicted for murder?


Shonee Kapoor
2 Like

Master Warrior (AOR)     27 December 2011

Shonee: Exactly. If you say you 'will' murder me (as opposed to the word 'would' which people like using in India so much), no you can't get convicted for murder. However, if I have proof that you continuously say "if you do xxxxx, I will murder you", such as recordings or a voicemail or e-mail, then you CAN get convicted for threats (not sure what the exact term is in India, but it's usually called "uttering threats" or "uttering death threats").

So yes I agree, will is future. And what I had said (as you will see above, the statement that Sudhir and utpala had an issue with) was to start gathering evidence of any such statements if they are in fact being made. 

gurpreet (manager)     27 December 2011

actualy there is no understanding with me nd my wife. i dont want to live with her..nd she said she will not give divorce.. its up to u live with me or live alone anywhere..u can decide as u wish

gurpreet (manager)     27 December 2011


i cant go for crulty..i dont want to live wth her in a house.  i dont like her...

gurpreet (manager)     27 December 2011



if she refused to give divorce me..nd said as u like u can live sepretly where u want.... then it is right??? will u advise me to spend ur whole life with same problem..nd i cant do anything for this case???

Vijay Kumar (Supply and Distribution Management)     27 December 2011

Hello Dear, this is Vijay kumar from Chandigarh, i am also strugelling like this, as per my openion if you want  to get divorce, you need to conveyance your wife, if still she is not ready . than please check where she is residing presently and file the case in near by court only. please make mind you have to pay monthly maintenance charges (around 25 to 40 % of your monthly income) which will start from day one when your wife will file the case for maintenance.

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