What is Divorce?
Divorce is the legal separation of two people who have been married under personal laws or under the Special Marriage Act. You need to remember that the court will mostly try to arrive at reconciliation between the two parties, and a divorce is granted when the court feels the relationship is at an irretrievable stage.
What is Mutual & Contested Divorce?
When the wife denies giving a divorce, then a contested divorce is filed via a divorce lawyer. Filing a contested divorce can be more mentally exhausting as compared to a mutual divorce. Divorce can be mutual or contested. If the wife denies giving divorce, then it falls under contested divorce. When both parties agree to a divorce, then it is called mutual divorce.
What are the Grounds for Divorce?
You can seek divorce both in a mutual and contested case. When the wife denies giving divorce, then you can file for divorce on the following grounds:
- Adultery: While adultery is no longer a criminal offence, divorce can be asked on the grounds of one spouse cheating on the other by indulging in adultery.
- Renunciation: Under section 13(1) of the Hindu Marriage Act, renunciation or sanyasa by one of the spouses can be a reason for seeking divorce
- Cruelty: Physical and mental cruelty, when considered to be of grave danger, can be a reason for a spouse to seek divorce. When a wife denies giving a divorce, you will need to show evidence of torture.
- Desertion: In some personal laws, desertion of one spouse by the other can be a reason for seeking a divorce.
- Other reasons for seeking a divorce may include conversion, mental disorder, communicable disease, and presumption of death.
What if the wife Denies giving a Divorce?
What if the wife refuses to give a divorce? Then your first aim should be to explore options for a mutual divorce, even if the other spouse is not willing for a mutual divorce. Mutual divorce is less emotionally taxing, and it is a convenient and faster way to dissolve a marriage.
What is the Process for Divorce?
However, when a wife denies giving divorce, and does not agree to mutual divorce, then a contested divorce can be filed, which includes the following steps:
- Filing petition: You should take counsel of a good lawyer to approach the court and file for a divorce petition
- Summons: Once the summons is served on the contesting parties, the respondent is required to appear before the family court.
- Responding to the petition: The spouse who wants to contest the divorce responds to the petition
- Trial: Both sides present their submission and response, which the court hears
- Temporary orders: Basis the evidence and witnesses presented in the trial, the court passes a temporary order
- Final order: In this last step of the divorce filing process, the court issues the final order, dissolving the marriage.
Why do you need a good Lawyer for Divorce?
When a wife refuses to give a divorce, you should always plan for a good lawyer who will help you with the contested divorce proceedings. A contested divorce is an exhausting process and a good lawyer can help you manage all the paperwork and give you expert advice.
In conclusion, when a wife denies to give a divorce, then it is best to first attempt a mutual divorce route so that the process is less emotionally taxing and leads to a faster closure. However, if, after many attempts, mutual divorce does not seem to be a possibility, then you should seek expert advice from a good divorce lawyer and go for a contested divorce route.