matrimonial dispute

Why he married her ? If he does not like her. He has to pay the money for her livehood. He would have inform before marriage taken place ? Once he got married, he has to look after her welfare till her marriage arrangements  takes place with others.

If a party to the marrriage unreasonably withdraws from the society of the other, the aggrieved party may petition for restition of conjugal rights. This is law.

In matrimonial dusputes there may be one result out of two viz. live jointly or live separately. So your can friend can either take her home or can get divorce either by settlement or by court decree. Consult good lawyear who is taking this kind of matter.

 Fighting between husband and wife is normal but in extreme case it is ok to go for divorce.

Another thing ,you said that   she doesn't want to give divorce ,so she want to continue the marriage.

If husband does not continue to marriage and wants divorce ,then he should ready to maintenance.

You said that "my friend is paying 7500 per month, which itself is cruelity"  Why?

If wife wants to continue the marriage and your friend said no and wants divirce and also escaping to pay the maintenance ?Then what will your friends  wife do?

If your friend dont want to live with her ,give maintenance 7500 per month.Or give final settlement (by both parties)amount  or court decree and get divorce from your wife.

He can't do anything because it is his bounded duty to maintain the wife.  In such cases always law favours woman.  It is better to try once again for the compromise by giving lumsum amount to the wife and to get the divorce

Dear experts thanks for your valuable feedback, here i want to mention a few things more that my friennd is not escaping from paying the money for her maintanence also there was not any question of disliking before marriage but after marriage they use to threten him regarding 498 A and finally they did that and then the story begin, also in 498A my friend have put the facts in front of the court and is about to win the case, coz he or his family never ever demanded dowery. Also he is ready to pay any lumb sum amount but don't see his life with her now as he and his family have gone jail coz of her so have lost faith in her. so is there anyone can help my friend to get rid of her.

Thanks

First thing, why should you pay lumsum amounts to her? Did she ask you?

I got married almost five years back. It was a arrange marriage. But we fight frequently and everytime he have a fight my wife leaves the house in which we are staying and goes to her mother's place. Now we have 2 year old kid but the fighting continues. Recently also because of the fight she left the house along with the baby. Since i cannot cook i also have to go to my mother's place.

Now i said to myself that is enough what we had in the last 5 years. But my wife has come back but i refuse to stay with her because of the fights that take place. I am stil at my mother's place. Incase if i file for a Divorce can she ask for a share in my Flat ? The flat belongs to me & the nominee is my mother. I am ready to pay her maintaince. But since she does not have a place to stay can she ask for the share in the flat as well ?

is there anyone to help us out and can suggest the right way.

 I got married almost five years back. It was a arrange marriage. But we fight frequently and everytime he have a fight my wife leaves the house in which we are staying and goes to her mother's place. Now we have 2 year old kid but the fighting continues. Recently also because of the fight she left the house along with the baby. Since i cannot cook i also have to go to my mother's place.

Now i said to myself that is enough what we had in the last 5 years. But my wife has come back but i refuse to stay with her because of the fights that take place. I am stil at my mother's place. Incase if i file for a Divorce can she ask for a share in my Flat ? The flat belongs to me & the nominee is my mother. I am ready to pay her maintaince. But since she does not have a place to stay can she ask for the share in the flat as well ?

Please help as i am on the way to file for Divorce.

Hello Sameer,

Its really sad that your wife is leaving to her mothers home due quarrels.  But what I am understood from you is its normal wear and tear in the matrimonial life.  As your wife came to stay with you again,she might have realised the importance of matrimonial bond.  So why dont you think about giving her a chance.  I personally feel not to take hastey decisions about filing for divorce as you also have a kid.  Accept your wife and discuss about your future plans not to destroy both of your life by quarrelling for simple things and the the responsibility of the kid and think about your kid future. 

Sir,

     Thanx for the reply. But unfortunately things are not as simple as they look for an outsider. It is become a very complicated case. Even i did not except that this fights & quarrels would take such a nasty turn. My wife is basically only interested in the material world & least bothered about the us. Money & Jewellery are her main criteria. I being from a very humble background cannot afford all the luxuries that she expects from me. Keeps lying over petty issues so basically cannot trust her at all. It is better we seperate, but feel very sorry for the KID.

Regards.

Hello Sameer,

Yes,I can understand what you said. if you feel the relatioship is destroyed and irretrievable, then you can file for divorce, but do u have sufficient grounds for that?  So first you should have evidences as she has been cruel to you to file divorce under sec 13 HMA.  If both of you are ready for seperation then, go for mutual consent divorce under sec 13-B HMA.

Mr ramacharya,

"Why he married her ? If he does not like her."

was it a precondition of marriage?

where it is written as a condition of marriage?

if govt is dare to impose it as a precondition of a marriage,let it come in writting and before marriage it should be signed by the parties itself.

- i want this; i demand this; to save the innocent people, from the grab of dishonest people, like the friend of this questioner.