Community › Forums › Legal Advice India › Wife not consenting to mutual divorce
- This topic has 37 replies, 32 voices, and was last updated 1 year, 2 months ago by
Manavseeker45.
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IIndianlion5947
PARTICIPANT
April 1, 2025 at 5:53 pmWife living separately with her parents for 3 years. Left 2yr old child and me for flimsy reasons. Asked for mutual divorce, but she refuses and asks to live together now. I am not convinced and unable to understand her for abandoning child. -
WWiserahul8269
PARTICIPANT
April 1, 2025 at 5:56 pmDo you want a divorce or do you want to be convinced not to take one?-
UUrbanranjan8949
PARTICIPANT
April 1, 2025 at 6:00 pm😂 -
BBraveagastya9543
PARTICIPANT
April 1, 2025 at 7:13 pmI think he means he is not convinced by the reasons his wife is giving to live together now
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LLuckyseeker4821
PARTICIPANT
April 1, 2025 at 6:05 pmDon’t let her enter your house. She can claim it. Invite her in a rented house.-
UUrbanrider9167
PARTICIPANT
April 1, 2025 at 7:12 pmThis. -
NNehaseeker110
PARTICIPANT
April 1, 2025 at 11:43 pmYea this is good advice OP, do not under any circumstances let her enter your house. -
QQuickmaster2504
PARTICIPANT
April 2, 2025 at 2:49 amDivorce in India is a scary thing if her just entering the house can make her claim it.-
SSwiftdivyansh3666
PARTICIPANT
April 2, 2025 at 5:04 amYes even vampires don’t have that much power. And they are fictional.-
MManavseeker45
PARTICIPANT
April 2, 2025 at 4:58 pm>And they are fictional.You don’t know that. You don’t know that.
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SSimrantiger117
PARTICIPANT
April 3, 2025 at 4:56 amNAL.I agree with all the lawyers asking you to go for contesting divorce proceedings. Before you go ahead, immediately, (maybe today itself) Put cameras outside your main door and also one inside your living room. Make sure the cams are with Mic and not just visuals which record audio as well.
This way you can record everything when she tries to come to your house uninvited / forcefully. It can help you as evidence in the court during the proceedings.
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SSwiftkomal6987
PARTICIPANT
April 1, 2025 at 6:08 pmTrap has been laid …. Lawyer up, record everything and everyone…
This will be the first step of your bankruptcy……
LAWYER, DEFENCE, RECORD-
BBrightpushpa6778
PARTICIPANT
April 1, 2025 at 6:30 pmBut even with proof and everything, is he safe ?-
SSwiftkomal6987
PARTICIPANT
April 2, 2025 at 1:05 amA lawyer can help him tbh, coz she is asking to ” stay” together
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WWisebear8536
PARTICIPANT
April 1, 2025 at 6:09 pmWait, she’s been living separately at her parent’s place for 3 years but you have a 2 year old child?The math makes no sense.
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MMohandude915
PARTICIPANT
April 1, 2025 at 6:17 pmThe child was 2 when she left, perhaps -
SSwifthari3770
PARTICIPANT
April 1, 2025 at 11:49 pmLeft a 2 year old child – child was 2 when she left.
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BBrightsanjay9083
PARTICIPANT
April 1, 2025 at 6:11 pmLawyer here based in Delhi.If your wife has been living separately for 3 years without sufficient cause and is now refusing mutual divorce, you have the option to file a contested divorce under the ground of desertion, provided the separation was voluntary and without your consent for at least 2 years.
If you are not convinced about reconciling and want to proceed legally, you should document everything carefully and consult a lawyer to begin divorce proceedings. Her earlier refusal to return, leaving behind the child, and now suddenly changing her position may be relevant during trial.
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CClevermanoj5590
PARTICIPANT
April 2, 2025 at 5:28 amHi. Lawyer here based in Kolhapur.I absolutely agree with this opinion. It might be the appropriate time to consult a good lawyer from your area and file for contested divorce under the grounds of desertion. I also agree with other advices in the comment threads about maintaining all the right documentation as well as seeking the right advice based on all your proper facts. Everything can be relevant during trial for you.
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IIndianlion5947
OP
April 2, 2025 at 12:11 pmWhat are the documents to prove the separation? She is accusing me of asking her to leave.-
IIndianlion5947
OP
April 2, 2025 at 12:15 pmCan the fact that she didnt raise any complaint for 3 years prove that she was not forced to leave?
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SSandhyashark916
PARTICIPANT
April 2, 2025 at 2:24 pmAdding additional points to this, select lawyer with deep domain expertise and who might have favorable contacts in both Judiciary and Police. Lot of arm twisting happens behind the scene, so don’t make decision solely based on fees or lawyers expectations. Ask around and decide
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CCleverpushpa8049
PARTICIPANT
April 1, 2025 at 7:15 pmBro, You need to relocate to a place where she can’t crash. My friend’s wife did this. She left and returned just to file a false case against him. Please save yourself and move to a new place and proceed with separation.-
BBrighthawk6594
PARTICIPANT
April 1, 2025 at 7:31 pmLeave where?
I mean he needs to go to a very remote location?-
CCleverpushpa8049
PARTICIPANT
April 2, 2025 at 3:03 amNot remote, any place so girl cant visit anytime she wants as she would not know the address
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VVidyaeagle576
PARTICIPANT
April 1, 2025 at 7:48 pmThis is pretty serious, you should lawyer up. She probably wanted to be marriage free and child free and realised it later, ruining yours and the kid’s life in the process. Talk to a lawyer about abandonment and divorce without mediation. -
LLuckycharu9864
PARTICIPANT
April 2, 2025 at 3:13 amHer next move will be demanding a buttload of money.-
SSubhashshark164
PARTICIPANT
April 2, 2025 at 4:22 amSince she has maintained her life for 3 years without any help from her husband, can a good lawyer save him from paying much in alimony?-
LLuckycharu9864
PARTICIPANT
April 2, 2025 at 5:43 amNobody can save him. The game is rigged.
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SShivanshstar626
PARTICIPANT
April 2, 2025 at 5:27 amIn all likelihood she is coming back to build a case that makes it easier for her to divorce you in a contested case.Highly highly recommend forcing yourself and her through a couple therapy. With sessions spanning the next 6 months. That you know if her “change of heart” is legitimate or just a ruse to find ways to make the divorce more difficult for you.
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PProrider4116
PARTICIPANT
April 2, 2025 at 6:28 am1. You can file a contested divorce on the grounds of desertion. if you don’t want to live with her. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)2. If you have good advocate on your side, you don’t have to worry about her filing cases such as Domestic Violence, Dowry Harassment or Maintenance/ Alimony. Because she left the house.
3. If you want to remain married and she’s still not decided to live with you, you can ask for Restitution of Conjugal Rights [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
For further clarification consult us [https://g.co/kgs/aduLw4A](https://g.co/kgs/aduLw4A)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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VVandanaguy586
PARTICIPANT
April 2, 2025 at 7:13 amKeep a record of everything going all the way back from the start, get a good lawyer and I mean really good one…. get with the lawyer to draft MoU and draft it in such a way that covers everything to save your ass from everything while being reasonable with her… even she wanting to come back and start living together…mention the tiniest of things that you can think of that could blow your rear to smithereens, also keep a anticipatory bail ready just in case which will prove her intent incase shit goes south..Registered marriage is a contract as per the law and hence MoU is the best a man can get in these situations. Everything else is answered in a really good way to safeguard yourself.
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SSmartpiyush6588
PARTICIPANT
April 2, 2025 at 8:49 amDont let her enter your house or you’ll be fucked.-
SSuperarush2231
PARTICIPANT
April 2, 2025 at 12:44 pmI saw this advice from someone else as well. Can you please explain why?
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CCoolvikas8767
PARTICIPANT
April 2, 2025 at 11:59 amPlease take out 2 hours to see all the videos in YouTube from Supreme Court lawyer – channel – law chambers of Amish Aggarwala -
IIndianlion5947
OP
April 2, 2025 at 12:13 pmTo those who asked : I am convinced that I cannot live with a person who abandoned her responsibility of a mother. I just want to get divorce and move on. Heard mutual is the quickest way, but she asks 1.5cr alimony for mutual. -
SSilentsuman5230
PARTICIPANT
April 2, 2025 at 4:45 pmMarriage in India was always a funny business and now divorce is doing one up. -
LLuckypanda5091
PARTICIPANT
April 3, 2025 at 2:28 pmThat’s a really difficult and confusing situation. It’s understandable that you’re struggling to trust her intentions after she left for so long, especially when a child is involved. Wanting clarity and stability for yourself and your child is completely valid. Take your time to think about what’s best for both of you, and don’t feel pressured into a decision that doesn’t sit right with you.
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