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Dsingh (Tech Sr)     04 August 2009

Can you file for a divorce without rime nor reason

Hello,

Would like to know when you file for a divorce does the alligation made have to be proved in court or one can just say that they don't want to live together and want a divorce. Also, can you force your partner to come back and live with you if they don't have any grounds for the divorce. Also, how can one delay the divorce process.

 

 

 



Learning

 14 Replies

Adinath@Avinash Patil (advocate)     04 August 2009

there is provision to file divorce petition with mutual consent whrer court give 6 months time.

Dsingh (Tech Sr)     04 August 2009

Thanks for your response but would like to know if one partner is not willing to give divorce then is there a way to forcefully get the divorce.

lawyer_rajiv (9811284735) (lawyer)     04 August 2009

there is nothing called forceful divorce.  either it has to be mutual or contested.  one can file a petition for divorce on ground of cruelty, desertion, adultry, renounciation etc...and once the court is satisfied that the case is made out, divorce would be granted otherwise the same would be dismissed.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     04 August 2009

If one partner is not ready for divorce then one partner will have to file a peititon for divorce on particular grounds.For more queries u can contact me at : -09871158578/09711364956

Dharmesh Manjeshwar (Advocate/Lawyer)     04 August 2009

There are specific grounds/reasons already made out by law ( as mentioned by Adv. Rajiv .... It can be a divorce by mutual consent also on the grounds that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

When u file for divorce u have to mention the section/ground under which u are filing for divorce ... so obvious that u cannot file for divorce without any thyme and reason ...

It is necessary to prove allegations averred in the divorce petition .... and mere allegations do not weigh ...

Dsingh (Tech Sr)     04 August 2009

 Thank you so much for your response,

Also i would like to know what does living separately means in case of an NRI,Where the boy is outside India and the girl is in India and also do you have to pay one time maintenance fees if the girl got an abortion without the consent of a groom and didn't even let the groom know about it for weeks.

Dharmesh Manjeshwar (Advocate/Lawyer)     05 August 2009

living separately means there should be no co-habitation ( are not living together ) does not necessarily mean that one of the spouses should be residing outside India, it simply means that they are not staying together and there has been no consummation between them during the said period.

I could not gather as to the query raised in the other point ....... there is no written law as such ... it can be a reason for filing divorce by the husband on the grounds of cruelty though.

Yogesh Patel (Business)     11 August 2009

My wife used me to come to Austrailia. When we had job and stayed at sydney , there were definite acts of cruelty performed. I have collected some of them. 

Then recession hit and all of us fired  and we returned back . She stayed only 2 weeks in my home and the left for her home. I wrote letters calling her back. No response.

Now I got scholarship from UK university for doctrate and I am aborad. When she come to know I am abroad ,they are forcing me to unite ( means take her also to UK ) .

I want divorce as I dont want to be used any more .

Can

<> email ( I P address origninates in her hometown and zeroes to her area )

<>some recorded evidence

<> proof that she refused to come back for   years

ALL these  -can these be STRONG  ITEMS to prove cruelty ? ...right now she filed R C R on me.

Should I file divorce..is that a strong case . please help

 

Ashima Puri (Advocate)     08 September 2009

 Dear yogesh,

I am handling one of the similar matters wherein the wife left home along with 8 suitcases filled with all expensive clothes given by her in laws n jewllery as well and later filed a petition under 498A IPC and a complaint under domestic violence act against the husband and his parents. Your case is though very strong to prove cruelity.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     08 September 2009

Yes you can file divorce on the ground of cruelty, if you have sufficient facts. But be prepare, she will also file various such cases to drag you back in India or to come alongwith you.

Regards

Dsingh (Tech Sr)     09 September 2009

What should a boy do, he doesn't live in India and neither does want to come to India to sign paper's. It is expensive for him, he has to take care of job, rent, insurance etc

Can girl or her parents force the boy to come to India?

What happens if all the allegations put down by girl are proved wrong?

What about maintenance fees to be paid to the girl? Can it be avoided all together on some grounds?

How do you deal with the amount of money and Jewelry the girl took aways from the boy house?

Can a SMS message and email be used as an evidence against a girl for aborting a child? Also I am confused because in my case all my relatives have  been told/threatened but I am yet to get any communication from girl or her parents. Is that acceptable? Also can a girl escape cruelty charges for aborting child without my consent on pretext that she informed my brother about it.
 
Thanks

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     09 September 2009

Yes, Girl can force you thorugh court to come back to India.

 

Dsingh (Tech Sr)     09 September 2009

 how much time will court take to pass such orders and what does a court do if the boy is citizen of other country and indian law doesn't apply to him?

Ashima Puri (Advocate)     12 September 2009

 What should a boy do, he doesn't live in India and neither does want to come to India to sign paper's. It is expensive for him, he has to take care of job, rent, insurance etc

Where was the marriage solemnised? Does the boy has citizenship of the country he's residing in? In India the boy has to appear before the Court atleast twice. 

Can girl or her parents force the boy to come to India?

 

NO only if the Court Orders in that case the Boy has to come now that aspect has to be looked upon by the pleader.

 

What happens if all the allegations put down by girl are proved wrong?



There reamins no case filed by her, if any.

 

What about maintenance fees to be paid to the girl? Can it be avoided all together on some grounds?

 

Its a right under the Hindu Maintainence Act cannot be avoided altogether but Court will consider all aspects before passing Order of Maintainence. 

 

How do you deal with the amount of money and Jewelry the girl took aways from the boy house?



That has to bring to the knowledge of the Court and has to be proved as well.

 

Can a SMS message and email be used as an evidence against a girl for aborting a child?
 
Yes it can be, Infact aborting child without father's consent is mental cruelity and a good ground for divorce.
 
Also I am confused because in my case all my relatives have  been told/threatened but I am yet to get any communication from girl or her parents. Is that acceptable?


Its a very vague ground for divorce but a seperate criminal complaint can be filed against her if sufficient evidence is there.
 
Also can a girl escape cruelty charges for aborting child without my consent on pretext that she informed my brother about it.
 
As said earlier, aborting child without father's consent is mental cruelity. You were the child's father not your brother and why didnt she inform you? 

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