Dated: 2021-10-19 15:05:25My wife is not ready for a divorce by mutual consent. She is also not residing in the house. Can it be a ground to seek a divorce.
You can seek a divorce on the ground of desertion.
It is explained as follows : -
Under Sec 13 (1) (ib) of the Hindu Marriage Act, when one of the spouse has deserted the other for a period exceeding two years, a divorce decree can be granted on the same. Desertion in simple language means abandoning the spouse without reasonable justification, without the consent or against the will of the other party and renouncing the duties and obligations. It is to be noted that, the person applying for divorce on the grounds of desertion has to prove that the other party had deserted him/her for a period of two years or more.
In case there is misbehaviour by the wife, the you can also seek divorce on the ground of Cruelty; explained as follows,
The Hindu Marriage act specifically categorises cruelty in two categories, namely, Mental cruelty and Physical Cruelty. In old times mental cruelty was not a part of cruelty and hence not a ground for divorce. Now it is accepted that, mental cruelty is more harmful than the physical one, and it can cause a mental injury in the grievous person and create a reasonable apprehension in the mind of other spouse that it will be unsafe or harmful to live with the other. Mental cruelty is determined substantially, i.e. through facts of the respective case.Krishnaveni Advocate