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How can Husband get divorce, If the wife does not divorce

by Sudhir kumar
How can Husband get divorce, If the wife does not divorce

What to do if wife is not agreeing to Mutual Divorce: It is a burden to drag any relationship without consent, which later becomes the cause of some crime, so if neither of the husband or wives agrees to carry forward the relationship, then both of them should get divorced and separated. But many times the wife does not agree to divorce and keeps the husband as hell for life, so today’s article is for such poor husbands.

Section 13(1) Divorce: First you file a case in Section 13(1). In which there are 15 grounds of divorce, out of which the husband has only 11 grounds and the wife has 4 separate divorce rights. You can file a case for divorce on any one of these grounds, in which notice will be sent to the other party.

  1. Adultery
  2. Cruelty
  3. Abandonment
  4. Religion change
  5. Encephalopathy
  6. Leprosy
  7. Venereal disease
  8. World abandonment
  9. Presumed death
  10. Judicial separation
  11. Non-compliance with decree of restitution of marital rights

Points made only for wives

  1. Polygamy
  2. Rape or rape, anal sex or animal abuse
  3. maintenance decree
  4. The choice of youth

#2. Section 9 Restitution of Conjugal Rights (Hindu Marriage Act): If you think that your wife will not agree with an ordinary divorce case or you cannot win the case or you do not have any concrete evidence against your wife, so that If you feel that you can win the case, then you can take recourse to this Section 9 Restitution of Conjugal Rights (Hindu Marriage Act), it is called restitution of conjugal rights in English.

In this, you make a case to bring your wife back home. Obviously, she will not come like this. So if you prove that I have not committed any kind of mistake and due to marriage, my wife should live with me by law and give me marital happiness which she is not giving, then if on this basis But you get this decree, and even then your wife does not come and live with you, then you get the legal right of divorce from your wife after passing this decree. So that you can easily divorce your wife on this basis.

#3.Section 10 Judicial Dispute (Hindu Marriage Act): This we call Judicial Suppression in English i.e. legally living in one place, living under one roof but not living like husband and wife.

When your wife lives with you and is also taking expenses from you and it is most difficult to get divorced while living together because in such situation the attitude of the court is towards the wife, in such a situation, the court thinks that the wife wants to settle down but the husband Doesn’t want to. So in this case you should do this case

# 4. Domestic Violence Case: If your mother or sister also lives with you, then you can get this case done by your mother or sister on your wife. Not only your wife, your mother, and your sister can also file this case against your wife for domestic violence. Just as your wife is the daughter-in-law in that house, similarly your mother is also the daughter-in-law in that house.

A domestic violence case means that people living in a house can do this case among themselves. Only women can do this case, men have no right. So in such a situation, you can get this case from your mother or sister on your wife that she has also harassed/abused / father has not given food or taunted her. You can get this case done on these grounds. This will make your wife frustrated and put her under pressure

#5.Section 3 Dowry Prohibition Act: If your wife has written anywhere that before and after marriage she has given dowry on your demand, then you can punish her for 5 years in this section and up to 15 thousand. You can get a fine of money up to the value of dowry goods. This section says that both giving and taking dowry is a crime. In this, you do not have to say that I have taken dowry. But it is enough for your wife and her family to say that they have given dowry and saying so can land them in jail.

#6.Defamation Section 500 IPC: You must have seen that the wife after filing the case gets it out in the newspaper and then shows the cutting in the court and tries to do the court in her favor by showing the form of media trial. For this and to stop this type of pressure from the court, no newspaper should publish such news in the future, and to put social pressure on your wife, you should file a case under section 500 IPC for defamation, so that your wife and the news paper’s pressure In this section, both the punishment and fine is up to 2 years.

Case on close supporter of wife: No woman can do a case without any support. He either has the support of his maternal uncle or a relative who is in the police or in politics or if someone in his family is in a good position or in a good condition. 

As you must have heard that if a tree has to be cut, then first cut its root, nothing happens by cutting twigs. In such a situation, we should sue that person or complain about him and remove him from him, if you feel that someone can go against you, then you can also make him a party or former party in your case. Due to this, that person will not be able to weaken the case with his testimony in your case (Former party are those people whose name is there in the case but they do not issue summons from the courtside), this will make your wife weak. and will divorce you after losing

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