If the wife does not wish to live with her husband, and the husband is unwilling to grant a divorce, the wife may feel that she cannot continue living in her current situation. The wife desires to live with dignity, and is not interested in seeking any financial or property-related benefits from her husband. Despite experiencing harassment and cruelty, the wife has difficulty providing evidence of this mistreatment. Under these circumstances, the wife may wish to start a new life. However, the court will likely require a valid reason for granting a divorce. If the wife’s desire to live with dignity is the sole reason for seeking divorce, she may need to consult with a legal professional to explore her options and determine the best course of action.
Asked from: Uttar Pradesh
If your husband does not want divorce you cannot force him. The grounds of divorce are based upon the guilt theory. According to guilt theory, if the one spouse is guilty of matrimonial offences like desertion, cruelty, bigamy, adultery etc the other spouse has the right to repudiate the marriage through the court.
In this situation no need to get or obtain consent of the guilty spouse. If no spouse is a guilty party then the court cannot grant divorce. In this situation, mutual consent divorce is the sole option to get separation from each other.
Also read: Husband is living abroad, Can I seek divorce on this ground?
In divorce by mutual consent it is mandatory that both spouses agree to end their nuptial knot. If one has a dissenting view then again separation or divorce is not possible.
Living separately for a long time constitutes mental cruelty. Mental cruelty is a ground for divorce under Section 13 of the Hindu Marriage Act. Therefore, in this situation the divorce is possible without the consent of parties.
Also read: Contested divorce in Hindu Marriage Act
