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Nitin   20 April 2018

Wife not living with and not agree for divorce

My wife is not living with me when we asked her for divorce if she is not comfortable with us, then she could release me by mutual divorce. But she is not ready to give mutual divorce. What to do?


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 4 Replies

Siddharth Jain   20 April 2018

Deserting the companionship and living seprately by the wife amounts to cruelty against husband.

You can file divorce on grounds of cruelty against husband or first file section 9 for restitution and if she refuses then you can file divorce on the abovesaid ground.
For any other queries feel free to contact me at isidjain1@gmail.com

Kumar Doab (FIN)     20 April 2018

You are hinting towards 

Contested divorce on merits…

Still preferably involve elders, well wishers from both sides, shrude negotiators, seasoned persons that are skilled in counseling/mediation/arbitration, reputed person that are respected and heard etc ……………and try to crease all differences and save the marriage…(Best Recourse)

Or at least agree for MCD on reasonable terms………….…(2nd  Best Recourse)

Or pursue last and only recourse: Contested divorce on merits…

Kumar Doab (FIN)     20 April 2018

Approach a very able local senior counsel of unshakable repute and integrity specializing in Family matters and having successful track record…. and worth his/her salt…for a considered opinion on facts and merits in your case……also hazards/costs/time involved.

Check yourself for such counsels at your LOCATION carefully……………….

Marriage is simple words is ‘Legally valid Marital Bond’ and once can liberate only by legally valid grounds..

If grounds do not exist and cannot be proved don’t rush and run to courts …..empty handed.

Contested Divorce and litigation(s) are crop up as a consequence of dispute can cause bitterness…

Don’t let bitterness take over and affect your judgments…

One should learn to treat OP with care…

And remain cool and composed.. You would need support and hearing of near and dears, colleagues, well wishers, bosses, employer, state/police officials, Lawyer(s)…

Try to get out of situation by (Best Recourse) and (2nd Best Recourse)….

And If and only if IT is not possible opt for Contested Divorce after understanding all pros and cons and grounds, facts and merits and irrefutable evidences…

Online.498a.DV.Act.Crusader   26 April 2018

Originally posted by : Nitin
My wife is not living with me when we asked her for divorce if she is not comfortable with us, then she could release me by mutual divorce.

But she is not ready to give mutual divorce.
What to do?

File RCR.


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