Wife wants divorce, but i dont want to, kindly suggest


Hi, We got married in Nov'19. My wife & her family are not happy about my job as it takes lot of my time. I agreed to change but a bit slow in applying for new jobs.
and there were some minor fights between us now & then due to some minor issues.
I am trying to change my lifestyle to meet her expectations but taking time, I feel 5 months is too short of time to change my chararcter of last 30 odd years.

I love her & feel my life will be better with her in it & I dont want to divorce her...

2 days back she left me & she is saying she'll be filing a divorce. I made some mistakes like occasionally smoking & quit after she found out about it, not being in touch with her side of the family. Didn't behave cruelly or I dont have any passable illness.

On what all grounds can she raise a divorce petition against me. How can I save my marriage.

Kindly help.

 
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Hello! You can find a petition for restitution of conjugal rights, to bring your wife back.
And, you said your marriage was solemnized in November 2019, so your wife cannot file for divorce until 1 year has elapsed from the date of marriage (unless the court allows it). Even if she files for divorce after one year, she doesn't have much merit in her case, as it appears. So you will have a fair chance of successfully defending it.

Thank You.
For any further query, drop a mail at:
offstatute@gmail.com
 
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Thanks Mr.Sayantan Misra

In what kind of cases will court allow for divorce petition within 1 year of marriage date.

 
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LEGAL

Divorce is not easy task,it takes years to prove the things,only consent divorce would take aome lesser amount of time. She has to spend years to prove things.

 
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Court may allow such petition within 1 year, only if the wife can establish that she has been suffering "exceptional hardship" or that there is "exceptional depravity " on your part.
 
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Mr. Sayantan Misra sent you a personal message kindly reply.

 

 
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. Send some letters to your wife asking her to come back to your house. Better file a Petition for Restitution of Conjugal Rights before your wife files Divorce Petition.

 
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If she files petition for divorce you strongly oppose that their is no grounds to divorce and it is short period to understand each other and if she has any doubts clear it with councilling her with well wisherz
 
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Retired employee.

Be practical as to whether such compassion is possible if there is a will and inclination from one side.  If the spouse is not willing, he/she may create many problems and one can not anticipate, as there are few persons who derive sadistic pleasure in misguiding the errant spouse.  Consider with cool mind in continuing a relationship without help and support of spouse.

 
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Hello,

Sir you can apply for restitution of conjugal rights. The provision for restitution of conjugal rights comes under section 9 of Hindu Marriage Act, 1955 . It states the following:

  1. When either husband or wife has, without reasonable excuse withdrawn from the society of the other, aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
  2. The restitution of conjugal rights is often regarded as a matrimonial remedy. The remedy of conjugal rights is a positive remedy that requires both parties to the marriage to live together and cohabit.

There are three essentials under s.9:

  1. Spouses must not be staying together.
  2. Withdrawal of a party from the other must have no reasonable ground for such withdrawal.
  3. The aggrieved party must apply for restitution of conjugal rights.

Since your wife has left without any justified reason, then by filing for restitution of conjugal rights, the court can compel your wife to come back. 

Hope this answers your question!

Regards

Palak Singh

 
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