Married for 11 years. Lot of fights since the beginning of marriage life. Have a 10 year old son.
No cohabitation for the last 5 years despite living under the same roof. No feelings and respect for each other. Husband tried his best possible ways to stay smooth in this bad relationship for the sake of his child but wife has not been cooperating and manipulating the child in many ways. Now, husband decides to move out of this meaningless relationship.
As husband does not want to wash the dirty linen in the public, he asked for mutual consent divorce from his wife and gave ample time to decide. Initially she agreed and again after few days, she confirmed it by sending SMS also. When husband asked her identity proof for filing the case, she refused and said that she would not give divorce.
From the above given background, request the legal experts to provide their valuable advice on the following:
- As husband has decided to move out, can he stay separately away from his wife? In such case, it is understood that wife will approach police station to use her woman power. In such situation, what precaution husband should take while moving out of the house?
- In case wife makes a complaint in the police station that husband is not staying with her, what should be the conveyed to the police? Can he say that he has approached the court to settle the matter? Will that save him from the police harassment and her further harassments through police station?
- As husband is not interested in divorce, can he file for judicial separation stating some general reasons in the first instance? In case wife takes offensive steps against husband, can the husband withdraw the judicial separation case and go for contested divorce stating all the facts that are relevant to mental cruelty with evidences. Is it possible and would it be an appropriate move?
Request our experts of the forum to advise on the above. Thanks in advance.
