How to get separated

keep another live-in relationship. The Court held that a live-in relationship comes within the ambit of the right to life enshrined under Article 21 of the Constitution of India. The Court further held that live-in relationships are permissible and that the act of two adults living together, in any case, cannot be considered illegal or unlawful.

To answer this query, I am assuming that all parties in this case are Hindus and the marriage was properly solemnised as per Hindu Rituals. If it is not so the case, then reply to this query and I will reanswer likewise.

Remedies available to you for Separation

It seems from your query that a case can be made around 'Mental Cruelty'. Cruelty can be a ground for Divorce as well as Judicial Separation (See Sections 10 and 13 of the Hindu Marriage Act).

I see that the option of Divorce by Mutual Understanding will not be available to you since your wife is not interested in Separation.

So, you basically have two remedies - either file for a Divorce or Judicial Separation by using Mental Cruelty as a ground. The basic difference between the two is that the Divorce is Permanent, whereas Judicial Separation is Temporary.

Proving Mental Cruelty

But, the standard of proof to prove Mental Cruelty is rather high. Courts around the country have emphasized that quarrels over trivial matters do not amount to Mental Cruelty, sufficient enough for granting Divorce or Judicial Separation (See Bajrang Gangadhar Ravdekar v. Pooja Bajrang Revdekar, AIR 2010 Bom 8).

Though, forcing a partner to a s*xless life has been held to amount to cruelty as it damages the physical and mental health of that partner [Abha Gupta v. Rakesh Kumar, 1995 1 HLR (P&H)].

In the case of Shyamlal v. Mathura Devi (AIR 2010 NOC 635 HP), it was held that when wife levels unsubstantiated allegations of adultery against her husband, does not looks after him when he is sick and insults him, this kind of conduct amounts of mental cruelty.

I hope this answers your query.

Both the parties are Christians and married as per Christian rituals. 

Indian Divorce Act, 1869 applies in case of Christians. This Act also provides the Ground of Mental Cruetly.

So, Remedies stay the same, you can either apply for Divorce (under Section 10 of the Indian Divorce Act, 1869) or Judicial Separation (under Section 22 of the Indian Divorce Act, 1869).

Try to resolve issues amicably without considering and seeking divorce, in the interest of your son and save marriage institution.

All efforts have been made, tried for such a long time but she is not a person who can understand. Even her parents are fed up and they said going further they can't say anything as she is not correcting herself. They are from financially poor background, and that is one reason why my wife is not ready for separation. My family has done enough attempts and mediation. I am not sure if I can give divorce to her being in same house. Also if she is not accepting the notice what can be done. 

The posting informs more of opinions than facts. You can seek divorce if her actions amount to marital cruelty. However, your posting is short of any actionable facts.

When two people are not happy with each other and fail to have a balanced life together they can decide upon it. There is nothing wrong. The dilemmas need to be discussed to sort out. Divorce is not an offense rather it is a law. As marriage is legal divorce is legal. Right counseling, right legal advice, and importantly consent of both parties are important elements of a healthy Divorce process.

To get the best divorce lawyer in India. 

contact Adv. Anupam Agarwal. The contact details are given as under;

Mobile: 97406 45762

Email: anupam@rslegal.in

[Adv. Anupam Agarwal has more than 18 years of experience in variabilities of Corporate law along with Divorce law/ Family law.]