Legal Question in Family Law in India

my wife doesn't want to give divorce to me,but i want,what i do?

My marriage was solemnised on 11th Dec,2011,my wife lived with me for 40 days after marriage and left me and her matrimonial home on 26 Feb,2012,she never came back inspite of our efforts to bring her back, we also filed section 9,in family court,Lucknow,on 19 jan,2013 to bring her back,she didnt come.

Earlier my wife lodged a fake complaint to police,but in investigation police didnt find anything wrong.My wife then demanded 15lakhs+maintenance, as a sum against mutual divorce.but i was unable to tender such a huge amount,she now threatens me, my family for dire consequences if she filed fake dowry case.In next further sittings and negotiations,we both parties come to a concluded decision of A limpsum Rs 5 lakhs as one time full and final compensation and exchange of goods from both sides.for a Mutual consent divorce.We have NO child.

BUT NOW MY WIFE DOES NOT WANT TO GIVE DIVORCE TO ME,SHE WANTS TO RUIN MY ENTIRE LIFE.....I DONT WANT THIS...IS THERE ANY PROVISION WITH THE LAW THAT EVEN WITHOUT THE CONSENT OF WIFE ..HUSBAND CAN GET DIVORCE,PLEASE HELP?


Asked on 4/22/13, 11:40 am

3 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

Off course there are provision. Your case is in fact strong. You can file a divorce petition on the ground of cruelty and desertion. That you have also filed under Sec 9 will further help you in establishing the fact that wife is not inclined to join. Furthermore, since her allegation was once proved wrong, it will help u in proving cruelty. Lastly, that last negotiation will help you further especially if you can establish that such negotiation did take place. The most important thing is how you prepare your draft.

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Answered on 4/22/13, 8:54 pm
uttam Tibrewal

dear client...

Since you have files petition under sec 9 and all the allegation made by her have been proved wrong so now you can apply for annulment of ur marriage... if you find any problem mail me at [email protected]

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Answered on 4/22/13, 11:12 pm
Jayesh Desai Jayesh Desai

You have a good case, based on info provided by you I do not see why you should not get a divorce.

Hope you have a good lawyer, who can handle the matter properly.

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Answered on 5/03/13, 3:21 am


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