You could discuss the idea of a mutual consent divorce with her, and in case she is ready for the same, the two of you may go for divorce by mutual consent. The motivation for her to do this could be the alimony offered by you.

The whole process of separation, including the documentation and curt work will not take more than 6-7 months.

You can file for divorce on grounds of mental cruelty but you have to prove allegations made by you

2) your petition would be dismissed if you are unable to prove allegations

3) contested divorce cases take 5 years to be disposed of

4) mutual consent divorce takes 6 months

withput any reason you will not get divorce if your wife is not ready to give you divorce.

Firstly, you will have to find a solid reason for divorce.

Secondly, if no solid reason then my mutual consent of both of you.

Thirdly and lastly, if she says no then you can't force her to give divorce, and she can claim for maintenance also for herself and children too.

You can file petition for divorce on the grounds of mental cruelty.

Try to collect each and every cause of action and evidences which makes you frustrated.

Hello,

You file the divorce on the ground of mental cruelty as no fault divorce in no ground for divorce as per the Indian Law.

The word cruelty has been defined by the SC and various HC to a very larger context.

Contact a local lawyer and describe the full facts and accordingly file a case, if some ground of cruelty are formed.

Regards

Hi until your wife is with you you may not be able to move any petition for the divorce.

If she is doing any cruelty against you call the police and report against cruelty.

What the children and the maintenance of the wife is your responsibility you have to stay away means separated from the wife and it is 2 years to file a divorce petition.

Please try to settle down differences if any with your wife for the sake of your kids and family to save your own life

It looks like you are frustrated due to some family show try to settle it and live a peaceful life best of luck

Hi Prithvi , getting divorce on contested grounds and that too, when you don't have any strong reasons will be very difficult .. The only legal way out is that you convince her for mutual divorce by making a settlement amicably .. If she do not agree , then you can file for contested divorce , maybe she agrees afterwards to avoid harsh litigation

Hi

File a divorce petition in the court mentioning the grounds like mental harassment underground switch you think fit but also be ready with the evidences to prove your grounds and let me also make it clear that a contested divorce case would take around 5 years approximately to conclude so it is my advice that please convince your wife for a mutual consent divorce which can be accomplished in a maximum period of 6 months.

Thank You

if she dont want divorce you can still file for it, however there are certain parameters of divorce meaning thereby reasoning, firstly you should not cohabit with your wife, and the other reason would be cruelty which you would have to show that how you dont get along with her.

you may also try to convince her for divorce and go for mutual separation

1. In these circumstances persuade her to file a petition for mutual consent divorce which is a hassle free process and can be wound up earlier than 6 months.

2. If, however, she does not agree to it then the only remedy for you is to file a petition for divorce unilaterally which she may contest. Incompatibility is not a ground for divorce under HMA. A contested petition for divorce will not get you anywhere even though you will waste at least 3 years in the court.

If you are frustrated in married life due to her indifferent attitude and want to get rid of this married life,m you may talk to her to agree for mutual consent divorce which would be an amicable end to your strenuous marital voyage.

If she is not agreeing to the proposal you may plan to initiate a contested divorce case on the grounds of mental cruelty.