Divorce for husband as respondent

If the divorce case is going on then you may wait for the disposal of the case to see the result. 

Who has filed divorce petition i.e., whether you or your wife is the petitioner /

Did you consult your lawyer on the subject before posting this query on this platform ?

Hi Mayur,

Yes, you can seek divorce before the case concludes based on long separation, but separation alone is not an independent ground for divorce under the Hindu Marriage Act, 1955. However, if your wife has been willfully staying away from you for more than two years, you can file for divorce under Section 13(1)(ib) on the ground of desertion.

If there has been denial of conjugal rights and your wife has refused to resume cohabitation despite repeated efforts, this could also amount to mental cruelty, making it a ground for divorce under Section 13(1)(ia). Courts have recognized in various judgments that long separation with no possibility of reconciliation can be considered as irretrievable breakdown of marriage, which may be used to support your divorce petition.

If your divorce case is already pending and your wife is deliberately delaying proceedings, you can file an application for expedited disposal before the High Court. Additionally, if your wife has previously filed a case for restitution of conjugal rights under Section 9, and she has failed to comply with the decree for more than a year, you can seek divorce under Section 13(1A)(ii).

If both parties are willing, a mutual consent divorce under Section 13B can be an option, which may be completed in six months or earlier if the cooling-off period is waived. If your case has been unnecessarily prolonged, you may approach the Supreme Court under Article 142 for a final resolution.

To discuss further, reach me out at adv.vishesh@icloud.com.

What are the facts as well the context? The information disclosed is insufficient to suggest any meaningful action.