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Max Payne (Manager)     22 December 2011

When wife refuses to divorce???

We are roman catholics..My wife is completely incompatible to me and I cannot adjust with her. Here is my problem..

  1. We've been separated for close to 20 months without any communication between us..I once tried to get together with elders and end this amicably but did not happen..
  2. Wife wants to stay by herself but is not willing to give divorce..I dont understand why?
  3. Her parents want her to divorce me (which is good for me) but my wife is not agreeing.
  4. She wants to come back but I will not accept her now..

Please help



Learning

 22 Replies

Ratnesh kumar (Advocate)     22 December 2011

my suggestion is to u is that, if u want to get divoerce first thing u should do is that dont make any movement for next 4 months more , and as soon as her desertion reaches to 24 months it will a valid reason for divoerce . and although she will deny for divoerce uw illbe able to get it

adv. rajeev ( rajoo ) (practicing advocate)     22 December 2011

I think there is some misunderstanding between you and your wife.  It can be sorted out, your's is not big problem so go for counciling.


(Guest)

Welcome to the club :-)

1 Like

Max Payne (Manager)     22 December 2011

Thank you Mr.Kumar...according to your knowledge and experience how many years will it take? Will I have to pay a huge alimony?

Shantanu Wavhal (Worker)     22 December 2011

@ the author

 

pl. try to avoid repeating same threads

https://www.lawyersclubindia.com/forum/Catholic-divorce-need-suggestion-48911.asp

Shantanu Wavhal (Worker)     22 December 2011

there is no set formula - as far as no. of years is concerned.

Ratnesh kumar (Advocate)     22 December 2011

well alimony depends uponas well her status and working view .

N.K.Assumi (Advocate)     23 December 2011

She wants to come back? Better Give Peace a Chance between you and your wife and start a fresh lease of life and if it fails go for divorce.

Max Payne (Manager)     23 December 2011

I have tried all efforts and failed..I better go for a divorce and start a new life instead of being miserable by living together.. Can you suggest a good lawyer in Bangalore?

1 Like

(Guest)

Hey Max , 

Looks like reconcilation has not worked between the two fo you .

a) There is no hard and fast rule for the no of years it takes for contested Divorce . 

b)she wants to stay by her self  but does not want to give divorce ........................the reason she does not want to see you happily married again ....:-) 

c). Try going in for judical seperation which is a step towards divorce but the grounds are more a less the same  .Than you can be a  free bird.

rajiv_lodha (zz)     23 December 2011

Even "judicially Separated" husband cant perform 2nd marriage, so he is still not free from matrimony!

Madhu ojha (Orthopedic surgeon)     24 December 2011

I am also litigating for divorce in court My wife refuses to give consent She has used all gender biased laws against me filed all cases possible under such laws. She desserted me for about 28 months and again re entered home forcibly before about more than 3 yrs She gave in writing to the Mediation cell in court to pay her 15 million INR for relieving me from bondage of marriage. On one side she is filing cases against me on the grounds that she cannot live with me She is living with me in the same flat and asking for huge sums for agreeing to divorce Even in this situations coursts dont even look at my problem IF U enter a court U will have this type of result which is NO RESULT Even if U retain the best lawyer in India U will have the same fate. So better wait and watch Dont pl contact her at all. Dont pl give any importance to her or her relatives. Forget that chapter pl Pl be bold and face and I tell U that if u can find a live in partner start living with another partner Pl dont allow her to feel her importance You neglect and ignore She will of her own bow down to give u divorce But meanwhile U find out a LIVE IN relationship Enjoy yr life This impotent inefficient in adequate law will never come to ur rescue Only U will go on paying the fees to lawyers and will have one more headache of court So the best way is to find a partner who is ready to live with u without status of marriage Thank U for reading Dr Oza drmmo50@yahoo.com

1 Like

Aakash (CEO)     24 December 2011

Thinking you have been away from your wife and you can claim the divorce is just a ray of hope which people(specially lawyers) might show you but when you acutally go there you may not find any light. Even after 2 years if your wife doesn't want to divorce you then its difficult that a judge will award you that. Just put urself in that judges shoes and see things, a guy is adamant on leaving his wife while wife is pleading that she wants to live with him and doesn't want to divorce her busband? What would you think? The guy is not tollerant but still wife is willing to live her life with such intollerant guy. He will be sympathetic towards your wife.

Assumi is right, Brother if You want to live a miserables life then go ahead and file the divorce case after 4 months but if  You want to live a peaceful life then go patch up with your wife whole heartedly and just don't let bygones spoil your coming life. You may urself laugh 20-30 years down the line how silly you both were fighting for such a non exisiting thing "false pride".

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

Agreed,

 

If you want divorce, file for it, regardless whether the spouse is ready or not.

 

Alimony would be decided later.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

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