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CConsider this situation, Husband and Wife are married for 15 years , 2 kids. There is no relationship between them but have been continuing with the charade for society. Now Husband wants a divorce, but wife is refusing. She also says that, if you file contested, I will drag it for years, and make life hell for you by filing other cases I can.
Effectively husband has become bonded labour for wife. What are his legal options.
Experts , please provide realistic opinion on – 1. Expected timeline of resolution for contested case by husband 2. Potency of legal warfare if carried out by wife, what trouble can husband expect.
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SThis case is complicated, let’s start.
You have only one option, that is file contested divorce, reason can be cruelty or anything else, you both will have separate lawyers, her lawyer will ask her to file different fake cases that you will have to face, no other choice, only choice is since you haven’t filed anything yet, start collecting evidences so you can prove those cases are just for delay.
Anyway court will see both of you fighting and grant divorce, she’s will have a choice to move to higher courts for appeal.
You will have to pay alimony amount and maintenance per month since you have 2 kids, custody issue is also there.This may take around 5 years. Bad luck can stretch it to 15.
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SUsually people give up and agree for mutual but if someone is dedicated enough and goes for appeal so yes, it can stretch to 15 due to unrealistic demands in settlement.
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CThanks Devashish for real practical advice.
Is there a possibility to get away and get protection (restraining order sort of ). Ensure husbands peace is not disturbed by wife when he is living seperately, then divorce proceedings taking its sweet time dont bother so much.
Husband does not mind paying the expenses for wife and kids as usual, or even more.
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APractising advocate here.
A contested divorce can take up to 3-5 years, provided, the matter is not being adjourned unnecessarily (which almost never happens)
Also, if your wife is litigious and vengeful, she can file a myriad of cases such as 498A, domestic violence, maintenance for herself as well as the children, custody case over the kids etc. I am not trying to scare you, but I am telling you how things run in this country.
I would strongly suggest that you try your best for a mutual consent divorce rather than a contested divorce.
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BA lillte off the track question,how is the lawyer fee determined, like will the charge for each case separately?
Divorce,domestic violence,maintenance, child custody?
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MHusband is chuti*** for asking divorce. He will be paying hefty alimony.
Why cant he live separately.
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MIf she’s willing to hurt or involve her children just to hold on to a dead relationship, there must be something terribly wrong w her mentally.
As a child w parents who hate each other. I advise you to keep an eye out on them, spend quality time w them and don’t let this affect them.
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CClarification – If I leave, and I have tried that , she does not hurt the children directly, but stops sending them to school, claiming why should she take the efforts when I am not. Also does not want to give me custody at any cost.
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SIf the wife refuses to divorce, the husband can file a contested divorce under Section 13(1) of the Hindu Marriage Act on grounds like cruelty, desertion, adultery, mental disorder, conversion, etc. (if applicable). It can take 3-7 years or longer, especially if the wife resists.
If the wife is threatening to drag the case, harass or file false cases, it may amount to mental cruelty (recognized by the Supreme Court) but he needs evidence for that.The husband might face cases of D.V, 498A, maintenance and alimony etc.
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CBroken in what sense, is the marriage abusive or just lack of intimacy (physical as well as emotional). if not abusive try seeing a marriage counselor. you are lucky that she wishes to continue the marriage. She has the means to make your life a living hell through fake cases. Try giving another chance to your marriage for your children.
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CBroken as in, completely different value systems, outlook towards life. No talking terms , let alone intimacy. Sometimes , there are shouting matches that turn abusive. No physical abuse though from either side.
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IOk if you want an honest one then try to mediate via her family etc and try to get into some agreement and close with mutual consent divorce.
If not then separate and get a cctv camera feed etc and neighbours as witnesses for her cruelty towards children and then take custody of them. There are guardianship acts but tread cautiously.
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WIf she is hell bent against divorce then get counselling. If she is a bitch, then the therapist is your witness.
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SDespite all the comments and surely median contested divorce have a realistic timeline of 3-5 Years but there are outliers and how i understand from your post is that the wife is not willing to separate and is explicitly stating that she will make this ugly then please be prepared for an absolute shit show.
I have seen multiple divorce cases taking 10+ years with multiple frivolous FIRs. If there is no history of any violence or criminal activity by the husband then he will be granted bail but fighting criminal cases will be a hassle.
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CThat is exactly my fear, and she knows it too. I am in a difficult situation career wise, and dont want to risk any personal shitshow spilling over to job.
already in mid 40s – If it takes 5-10 years of gutter to reach the other side of the tunnel, its demotivating anyway.
I just wish , she sees the life ahead and does it peacefully.
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WHow about moving out and staying by yourself or whoever else you want to be with?
Visit every now and then.
No divorce. No relationship. Legally still married, but doing your own things. Are the kids older? Do they understand? Please think about kids wellbeing. Once they understand and accept (and are legally adults), both can do whatever each wants.
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CKids -twin boys 12. Not ideal, bust still much better than current situation. The whole issue is co-operation of the wife. She wants it both ways– facade of happy marriage to the world, while not taking any steps towards reconciliation either.
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WSo keeping the facade – functions, social engagement etc, while staying separate would work?
Let whatever both of you do not affect kids. Kids may not talk but parents behaviour has deep impact on them. They should not consider this the norm.
If there are extra marital issues on both sides, keep them away from kids, at least until they start forming their own opinions.
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C1. Alimony is not an issue for me. I just want my life and peace.
2. How does doing anything anyone does or not do help with alimony. have you seen this[https://www.reddit.com/r/LegalAdviceIndia/comments/1jkdial/45_cases_filed_by_wife_husband_proved_cruelty_but/](https://www.reddit.com/r/LegalAdviceIndia/comments/1jkdial/45_cases_filed_by_wife_husband_proved_cruelty_but/)
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CAt times it does feel like that. !!
Life has been reduced to being a personal slave and ATM, and path to freedom is full of thorns.
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UI am an advocate myself in 9 years of marriage and 20 yrs of separation. Had faced 498A and 406 on application for contested divorce. Been in jc for 7 days, where my cousin is a Supreme Court judge. Faced it and now staying with my gf.
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CReally ! Supreme Court Judge on your side for connection and still you had to fface 7 days in jail. What is your profession. As a corporate employee, I fear ,career is over, it would show up in background checks.
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LThat is a tough situation, and you want a clear path forward. If there is no option of mutual consent, a contested divorce can also take several years, depending on how aggressively it’s fought. Your willingness to offer financial support may help, but if your wife is determined to drag things out, she could file counter-cases like domestic violence, dowry harassment (498A), or maintenance claims, which could add to your legal battle. You should consult a good divorce lawyer. That is very important for you, and that will protect you from legal complications.
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P1. If you want a faster solution, convince her for Mutual Consent Divorce [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/) If the 6 months cooling off period is waived off, the case can be completed in a week’s time.
2. If she’s not willing to go for Mutual Consent, put forth your demands like physical and emotional intimacy or companionship or whatever you are looking for. Convince her to take family counselling. Collect all the evidences of asking her to live a married life. If this doesn’t work out in next 3-6 months, go for a contested divorce.
3. Contested divorce may take little longer than the Mutual if wife agrees to settle the issues at the first mediation itself or even more longer if the wife doesn’t cooperate to settle the issues. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
For further clarification consult us [https://g.co/kgs/aXdQ25Z](https://g.co/kgs/aXdQ25Z)
**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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