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renu (consultant)     13 December 2024

Wife is not willing to give divorce

Hi, Need guidance: A male friend age 43 married to his wife 17 years ago. They both have 2 sons aged 15 and 12 years respectively. The women is working in a reputed bank but never disclosed her salary /designation since beginning and kept her all financial details completely secret. They are living under one roof but there is no husband /wife relationship from last 11 years. The women has started harassing the man by all mean - not contributing in household expenses, house rent, school expenses etc. Every time is raising her hand by saying " i I have no money" but she is enjoying everything in house with full ownership. The man around 7 years ago met with an another women and they came into relationship. He informed his wife and asked for divorce but she said she does not care he do whatever he wants to and she is happy in her own. Now, the man is asking her to go for a peaceful divorce but she is not willing only, she does not want to take the responsibilities of children even. Need advice: - since she is working can she still ask for maintenance ? - if both child stay with man can she still ask for maintenance ? -if 1 child stay with man can she still ask for maintenance ? - Since she is aware that her husband is married to another women /relationship can she take some big actions ? - The man has no property on his name; there is one property and that too belongs to his grandmother and he is the 1/5 shareholder in that. Can she still make a claim on that ? - Can she file false domestic violence etc. every after 17 years of marriage? - How man can get divorce in this case? - Its a Mumbai matter, need advice please.

Read more at: https://www.lawyersclubindia.com/experts/wife-is-not-willing-to-give-divorce--763981.asp



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 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 December 2024

T. Kalaiselvan, Advocate (Advocate)     13 December 2024

If you cannot continue this married life then nothing prevents you from filing a contested divorce case on the grounds of cruelty.

If she is employed you can prove her income and repudiate her claim for maintenance.

kavksatyanarayana (subregistrar/supdt.(retired))     13 December 2024

Is it true when the friend and his wife have not had a husband-and-wife relationship for 11 years though they are living under one roof? It is the responsibility of a husband to look after his wife and children; hence, the husband has to maintain if she claims. The wife may file a DV case though it is 17 years of marriage life but they had a relationship for 6 years only. Instead, the husband had convinced his wife to live with mutual understanding, he took it easy and had a live-in relationship. So try his luck by filing a contested divorce.

Dharmendra Chawla (Advocate)     14 December 2024

simple answer is if you don't want to live with your partner then you can file petition for divorce  contested as your wife is refusing for divorce. also regarding other questions, yes she can claim maintenance but i would not be huge amount as both children are under his custody(ps- it will take time for that), furthermore she can file DV case even after so many years too, your friend can file divorce in family court.

 

for your further information here is a link to blog post that details regarding contested divorce - https://www.advdharmendraassociates.in/post/understanding-contested-divorce-in-india-what-you-need-to-know


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