Incompatibility in marriage - raj
raj
(Querist) 18 June 2012
This query is : Resolved
Please help me to get divorce, as me and my wife thinking does not match. Secondly, we have verbal fight often.during 1.5 years of marriage.
I know to continue in this relation will effect later in my life , therefore I would like quit this relation.
My question is how to prove incompatibility , will court allow me to take divorce , also If I do not want stay at any cost , can court restrict me to do so.I am an IT Engineer and she has done MBA and do not want divorce.
Adv Archana Deshmukh
(Expert) 19 June 2012
If incompatibility is the only reason then divorce can be obtained only if both of you decide i.e by mutual consent. Why not try visiting a good marriage councellor? He may try to help you bring about a good understanding between you and your wife. If nothing works then, convince your wife for MCD.
Devajyoti Barman
(Expert) 19 June 2012
It is a ground for mutual divorce only.
Fr contested divorce you need to show some other cogent reasons like perpetration of cruelty upon you.
Adv.R.P.Chugh
(Expert) 19 June 2012
1. Incompatibility is not a ground for divorce as such if your wife does not agree.
2. Ordinary wear and tear of married life is not tantamount to mental cruelty. Cruelty should be of such extent as to make the marriage unworkable, beyond salvage and make it impossible for one spouse to live with the other.
3. Try convincing her for McD.
4. Otherwise file a contested, in latter situation be ready to face some frivolous 498A/406 litigation (guard yourself against this)
Shonee Kapoor
(Expert) 19 June 2012
Try to go for Mutual Consent Divorce.
Prior to that try Marital Counselling.
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Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
K.K.Ganguly
(Expert) 19 June 2012
It is not a ground for Divorce. If both of you are incompatible then discuss it between yourselves and if both of you agree then go for Mutual Consent Divorce.
J K Agrawal
(Expert) 19 June 2012
Cruelty, if you can prove, is ground for divorce.
No Court can enforce to you to cohabit with your wife but you may have to provide her maintenance.
raj
(Querist) 19 June 2012
Can I take some legal action to be on safe side ( If divorce is not possible), before she put some false allegation to me and my family.Secondly,claim huge maintenance in as time increases or number of years.
I mean the court should know we are not in taking terms and our relation is not good enough to remain as husband and wife.
