Divorce Case - One Partner (wife) Wants Divorce But The Husband Does Not.

If your husband doesn't want to take divorce you can still file divorce petition in the court .

Dear client, In India, even if the husband disagrees, the wife can still file for divorce on the grounds of the husband's behavioral issues. Here's a breakdown of the process and some things to consider: Grounds for Divorce: Under Indian law, there are various grounds on which a divorce can be granted. For your situation, 'cruelty' by the husband is a potential ground. This can include mental or physical abuse, unreasonable demands, threats, or adultery. Separate Living: The fact that you have been living separately since January can be considered a point in favor of your case. However, the duration of separation might vary depending on the specific grounds for divorce. Legal Process: You will need to file a petition for divorce with the family court in the district where you last resided together as a couple. A lawyer specializing in family law can guide you through the petition process and represent you in court. Contested vs. Mutual Divorce: If your husband contests the divorce, the process will be longer and involve court appearances. A negotiated settlement (mutual consent divorce) might be possible, which can be faster and less acrimonious.

You can File Divorce case in court through lawyer on the ground of Cruelty, Desertion, extra marital affair and mental I'll health of husband.

Dear Madam, It is very hard to get legal divorce if one of this spouse refuses to agree for divorce. You may file divorce against your husband alleging cruelty etc and try for divorce and he may drag on the proceedings for 2-3 years. If you get the divorce legally then he may again approach High Court against such judgment.

If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.

You can take divorce from your husband even if he is not willing to give you divorce. For further discussion over this issue. You are free to approach. Thanks.