Wife not consenting to mutual divorce

Community Forums Legal Advice India Wife not consenting to mutual divorce

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    • #23148 Reply
      Indianlion5947
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        Indianlion5947
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        April 1, 2025 at 5:53 pm
        Wife 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.

      • #23164 Reply
        Wiserahul8269
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          Wiserahul8269
          PARTICIPANT
          April 1, 2025 at 5:56 pm
          Do you want a divorce or do you want to be convinced not to take one?

          • #23179 Reply
            Urbanranjan8949
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              Urbanranjan8949
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              April 1, 2025 at 6:00 pm
              😂

            • #23178 Reply
              Braveagastya9543
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                Braveagastya9543
                PARTICIPANT
                April 1, 2025 at 7:13 pm
                I think he means he is not convinced by the reasons his wife is giving to live together now

            • #23163 Reply
              Luckyseeker4821
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                Luckyseeker4821
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                April 1, 2025 at 6:05 pm
                Don’t let her enter your house. She can claim it. Invite her in a rented house.

                • #23177 Reply
                  Urbanrider9167
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                    Urbanrider9167
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                    April 1, 2025 at 7:12 pm
                    This.

                  • #23176 Reply
                    Nehaseeker110
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                      Nehaseeker110
                      PARTICIPANT
                      April 1, 2025 at 11:43 pm
                      Yea this is good advice OP, do not under any circumstances let her enter your house.

                    • #23175 Reply
                      Quickmaster2504
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                        Quickmaster2504
                        PARTICIPANT
                        April 2, 2025 at 2:49 am
                        Divorce in India is a scary thing if her just entering the house can make her claim it.

                        • #23184 Reply
                          Swiftdivyansh3666
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                            Swiftdivyansh3666
                            PARTICIPANT
                            April 2, 2025 at 5:04 am
                            Yes even vampires don’t have that much power. And they are fictional.

                            • #23185 Reply
                              Manavseeker45
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                                Manavseeker45
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                                April 2, 2025 at 4:58 pm
                                >And they are fictional.

                                You don’t know that. You don’t know that.

                          • #23174 Reply
                            Simrantiger117
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                              Simrantiger117
                              PARTICIPANT
                              April 3, 2025 at 4:56 am
                              NAL.

                              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.

                          • #23162 Reply
                            Swiftkomal6987
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                              Swiftkomal6987
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                              April 1, 2025 at 6:08 pm
                              Trap has been laid …. Lawyer up, record everything and everyone…
                              This will be the first step of your bankruptcy……
                              LAWYER, DEFENCE, RECORD

                              • #23173 Reply
                                Brightpushpa6778
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                                  Brightpushpa6778
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                                  April 1, 2025 at 6:30 pm
                                  But even with proof and everything, is he safe ?

                                  • #23183 Reply
                                    Swiftkomal6987
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                                      Swiftkomal6987
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                                      April 2, 2025 at 1:05 am
                                      A lawyer can help him tbh, coz she is asking to ” stay” together

                                • #23161 Reply
                                  Wisebear8536
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                                    Wisebear8536
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                                    April 1, 2025 at 6:09 pm
                                    Wait, 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.

                                    • #23172 Reply
                                      Mohandude915
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                                        Mohandude915
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                                        April 1, 2025 at 6:17 pm
                                        The child was 2 when she left, perhaps

                                      • #23171 Reply
                                        Swifthari3770
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                                          Swifthari3770
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                                          April 1, 2025 at 11:49 pm
                                          Left a 2 year old child – child was 2 when she left.

                                      • #23160 Reply
                                        Brightsanjay9083
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                                          Brightsanjay9083
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                                          April 1, 2025 at 6:11 pm
                                          Lawyer 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.

                                          • #23170 Reply
                                            Clevermanoj5590
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                                              Clevermanoj5590
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                                              April 2, 2025 at 5:28 am
                                              Hi. 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.

                                            • #23169 Reply
                                              Indianlion5947
                                              Participant
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                                                Indianlion5947
                                                OP
                                                April 2, 2025 at 12:11 pm
                                                What are the documents to prove the separation? She is accusing me of asking her to leave.

                                                • #23182 Reply
                                                  Indianlion5947
                                                  Participant
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                                                    Indianlion5947
                                                    OP
                                                    April 2, 2025 at 12:15 pm
                                                    Can the fact that she didnt raise any complaint for 3 years prove that she was not forced to leave?

                                                • #23168 Reply
                                                  Sandhyashark916
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                                                    Sandhyashark916
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                                                    April 2, 2025 at 2:24 pm
                                                    Adding 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

                                                • #23159 Reply
                                                  Cleverpushpa8049
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                                                    Cleverpushpa8049
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                                                    April 1, 2025 at 7:15 pm
                                                    Bro, 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.

                                                    • #23167 Reply
                                                      Brighthawk6594
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                                                        Brighthawk6594
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                                                        April 1, 2025 at 7:31 pm
                                                        Leave where?
                                                        I mean he needs to go to a very remote location?

                                                        • #23181 Reply
                                                          Cleverpushpa8049
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                                                            Cleverpushpa8049
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                                                            April 2, 2025 at 3:03 am
                                                            Not remote, any place so girl cant visit anytime she wants as she would not know the address

                                                      • #23158 Reply
                                                        Vidyaeagle576
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                                                          Vidyaeagle576
                                                          PARTICIPANT
                                                          April 1, 2025 at 7:48 pm
                                                          This 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.

                                                        • #23157 Reply
                                                          Luckycharu9864
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                                                            Luckycharu9864
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                                                            April 2, 2025 at 3:13 am
                                                            Her next move will be demanding a buttload of money.

                                                            • #23166 Reply
                                                              Subhashshark164
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                                                                Subhashshark164
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                                                                April 2, 2025 at 4:22 am
                                                                Since 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?

                                                                • #23180 Reply
                                                                  Luckycharu9864
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                                                                    Luckycharu9864
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                                                                    April 2, 2025 at 5:43 am
                                                                    Nobody can save him. The game is rigged.

                                                              • #23156 Reply
                                                                Shivanshstar626
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                                                                  Shivanshstar626
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                                                                  April 2, 2025 at 5:27 am
                                                                  In 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.

                                                                • #23155 Reply
                                                                  Prorider4116
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                                                                    Prorider4116
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                                                                    April 2, 2025 at 6:28 am
                                                                    1. 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.

                                                                  • #23154 Reply
                                                                    Vandanaguy586
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                                                                      Vandanaguy586
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                                                                      April 2, 2025 at 7:13 am
                                                                      Keep 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.

                                                                    • #23153 Reply
                                                                      Smartpiyush6588
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                                                                        Smartpiyush6588
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                                                                        April 2, 2025 at 8:49 am
                                                                        Dont let her enter your house or you’ll be fucked.

                                                                        • #23165 Reply
                                                                          Superarush2231
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                                                                            Superarush2231
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                                                                            April 2, 2025 at 12:44 pm
                                                                            I saw this advice from someone else as well. Can you please explain why?

                                                                        • #23152 Reply
                                                                          Coolvikas8767
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                                                                            Coolvikas8767
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                                                                            April 2, 2025 at 11:59 am
                                                                            Please take out 2 hours to see all the videos in YouTube from Supreme Court lawyer – channel – law chambers of Amish Aggarwala

                                                                          • #23151 Reply
                                                                            Indianlion5947
                                                                            Participant
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                                                                              Indianlion5947
                                                                              OP
                                                                              April 2, 2025 at 12:13 pm
                                                                              To 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.

                                                                            • #23150 Reply
                                                                              Silentsuman5230
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                                                                                Silentsuman5230
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                                                                                April 2, 2025 at 4:45 pm
                                                                                Marriage in India was always a funny business and now divorce is doing one up.

                                                                              • #23149 Reply
                                                                                Luckypanda5091
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                                                                                  Luckypanda5091
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                                                                                  April 3, 2025 at 2:28 pm
                                                                                  That’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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