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Chetan (Software Engineer)     16 June 2010

Wife not agreeing for Divorce

Hi I was married 3 years ago my wife told me at the time of marriage that she was refused by a guy earlier in arranged marriage and she was stressed by it at that time she had taken medicines and that all was fine that time. but after we came back from our honey moon her mother told me she had been suffering from depression since past 6 years. after that i tried to live with the fact and tried to adjust and made arrangements so that she is taken care of. She then met one of her work mates and told her how well my family used to treat her. But the work mate told her about her family and as a result since my wife was suffering from depression she took it all in the sense as if it was happneing to her . Since then she never statyed reglarly with me and the has been on and off to her place and my place. She wants me to seprate from my mother. She has suffred from many episodes of depression since then. Now they are saying that we had told you she is suffreing from depression where as they had told me it was stress. They are telling that their doctor had told them they should not tell me about previous 5 years. I am asking for divorce and they want reconcilation. We have been living seprately for last 2 years. She lived with me for 9 months after which i went out of india and the realtionship has been deteriaorating since 3-4 month after marriage but they say it has become bad only after i went away. 

My question is there any way i can get divorce? is there any way i will be forced to stay with this miserable woman for life..I am fed up of explaining her how things are..



Learning

 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 June 2010

You cannot force your wife to take divorce from you. If you deem fit that there are certain and specific grounds of her cruelty towards you then approach to family court and file the petition seeking decree of divorce.

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 June 2010

You yourself approach Family Court initiating divorce proceedings

Vineet Sapra (Advocate)     16 June 2010

You can approach the district court for getting marriage annulled on the ground of fraud i.e concealment of material facts about the wife.if want more clarification then mail me at @vineetsapra@gmail.com

Anil Agrawal (Retired)     16 June 2010

Your word against hers. You can't prove a thing.

Chetan (Software Engineer)     17 June 2010

@raj kumar, i am not telling her to file divorce i am ready to do that but she says she does not want divorce.

@anil agrawal you are right , that is why i wanted to know is there any way if i file a divorce case the judge will make me stay with her.

since she has been living seprate from me for last 2 years is there any way she can charge me with 498A or my family or any harrsement case.

Martha Butala (Housewife)     18 June 2010

You can apply for Divorce at the Family Court on various grounds which eventually you should get.

You cannot stay with her if she is under depression.  There is danger to your life which you can

prove.

 

Martha Butala


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