If husband wants to divorce n wife, but she may not agree to this how to get divorce from her?

Question

husband is living with his parents,
tehey have married since 2 years, n last year she was pregnent n she had misscarrage in 8th month for that her parents r, telling that her inlaw is responsible for that,
his father is alchoholic n he sprads unnecessary remour to every one that they r not treating her daughter good,
eventhough husbands parents r looking her like a daughter,
her family background is not good, there parents r cheap minded,
so, husband wants no, more relation ship with her, they r not had any physical relationship with her from 1year,
she is not behaving properly with anyone in the house,
the thing is her relationship with him is not good, so for that she is blaming inlaws,
her parents r harashing husbands family like anything,
recently he is transfer to other city,
she is with her parents n they r forcing him to make the house where he is working,
they have given him 15 days time, otherwise they r going to give police compliant against him n his parents.

Answer 1

And definitely they will make police complaint under sec 498A of the Indian Penal Code for cruelty & the recently enacted Domestic Voilence Act to the protection officer of the district or to the magistrate. I will say you are in great trouble. The best posible solution for you is to compromise with her as she is with her parents & she will do as they teach her or make her to do. Otherwise you will be jobless very soon. Why? Simple when you are involved in a criminal case your employer will simply throw you out & even if he does not you will be running all the time to courts for defending your case so wont find time for your job. My advice may seems rude to you but im telling reality of life. You cannot deal with such people ( your in laws) in any other manner. Forget your legal rights when involved in criminal cases life become misreable. This is my frank & friendly opinion knowing all the legal aspects in your case.

Answer 2

I would suggest the divorce would be given greater weight in the husbands favour if his family takes a restraining order or makes a complaint to the police about her family.
To me it seems her family is the problem and indeed causes the problem with his family.
IF they still have a hope of reconciling that would be best, but I do strongly recommend the other measures first- as they will give extra weighting to the husband's side whatever divorce application is made and wherever the jurisdiction may be.

Answer 3

--URGENT-- First get a lawyer & apply for anticipatory bail in the court where they both resided last.Else the husband & inlaws will be in Jail U/S 498 A of IPC + dowry harassment with just 1 written statement from her/her relatives.No proof is required by her to put u in jail.Proof is required only during the trial.

If she happens to file the case anticipatory bail will face him & inlaws from going to jail.If she does not file then no harm is done in filing anticipatory bail.Think of divorce once u are done with the first step

Secondly the husband has to apply for divorce.There are about 7 grounds such as Cruelty.Desertion is not applicable since she has deserted only for 1 year(2 years is required to make use of this ground)

Answer 4

your problem is not that difficult, i feel that you still love your wife and you are angry with her because you didnt got back the same care from her. forget her parents just think of her. dont allow the situation to get worse. take your parents help. tell them the facts. and listen to what they say because if your in laws pull you to court you can be in real trouble. so invite your inlaws for a family meeting and discuss in front of some common elders who are known to both the families and if you still feel the situation cannot improve, consult some good advocate in your locality. you make have to taken some legal action before your in laws. but at any rate dont punish your wife because of the mistake of her parents. you know 2 years is very short to understand anyone. and once you go to court it is really impossible to bring your personal life back to life again. so try to solve the problem. if possible have an advocate friend at family discussion with your inlaws. i wish you best of luck and good luck

Answer 5

Sorry to hear you face such dysfunction in this situation. The bottom line pretty much is unless the estranged spouse does NOT sign the papers served them, it's going to be a long, drawn out legal seperation.

Answer 6

Get a nice lawyer, File the consulation case agaist her. The court will go throug all suitations And finally after sx months the divorse case will stant.

Answer 7

you'll have to get legal help, like an attorney. even if the wife doesn't want the divorce, since they are not living together the lawyer will have grounds to file the needed paperwork to grant a divorce.

Answer 8

Sure. you can divorce. It just take one person in Texas. Check your state laws. Sounds like she is a problem to her parents too.

Answer 9

i guess a woman should divorce such a man who cannot take his own decision rather than asking strangers about it. by the way go to the lawyer and ask legally rather than people on yahoo.

Answer 10

frank is correct
ur paying for ur own fault and ur in big trouble .... u tried to project too soft side of urs ... but my dear fellow ..indian women does become like that without ur persuasion...
u say u didn't have sex with her from one year .. she can even book a case of sexual dissatisfactions against u ... u will be thoroughly humiliated ... all the best ...