divorce
Querist :
Anonymous
(Querist) 03 January 2011
This query is : Resolved
My friend got married in 1998 have daughter 10 yrs old and one son 5 yrs old. He is having massive fight with his wife since 1999 i.e. 1 yr after marriage. They signed divorce deed in year 2002. Having continues fight after marriage due to his in laws involvement in his marriage life. They want that my friend get separated from his Parents which my friend denied and fight started between them. Few fake FIR already lodge by his wife and his father in law. Last 4 years they are not staying together. My friend got job in Mumbai and last 4 yrs he is not having any relationship with his wife and his wife is not staying with him. My friends wife is not ready to give divorce and asking huge ransom as an compensation out of the court. and not ready to give divorce. In fact she is asking to reunion and want to go for marriage rights. pls suggest.
adv. rajeev ( rajoo )
(Expert) 03 January 2011
There is no provision in the law to grant compensation to the wife. She can ask only maintenance.
cause for divorce is either the igo of the parents or wife.
If your wife is ready to come with you and to lead married life with you then accept her by convincing, if she is not ready then go for divorce on the ground of desertion and mental cruelty.
Srinath Kondapally
(Expert) 03 January 2011
if yopur friend really unable to live under one roof with his wife, which has irretrievable breakdown of marrital tie, then it is better to get divorce, basing on legal grounds
Raj Kumar Makkad
(Expert) 03 January 2011
I suggest to make compromise and accept the direct or indirect offer of the wife of your friend to unite and lead a happy married life. Husband shall also have to change his attitude keeping in view the growing age of his children which require love, affection, happy and healthy family atmosphere consisting of both their mother and father under a single roof.
Family life require mutual faith and sacrifice for each other without expectations. Where there greediness of expectations starts, 'fighting' takes place of healthy married life.
malipeddi jaggarao
(Expert) 03 January 2011
Expert Mr.Rajkumar Makkad is right. After having two children, break of marriage is painful for all concerned. Your friend should also understand that most affected are his own parents who will not be happy with the break of marriage of their son with two children. Since your friend's wife is willing to rejoin, make a compromise involving elders of both sides. The elders should counsel the woman's parents and their non-interference. After all that is the reason why in Hindu Marriage system, we call all elders to attend the marriage ceremony. They will be useful when there is a crisis in marital tie. At the same time your friend should not entertain any compromise in discharging his duties towards his parents.
Uma parameswaran
(Expert) 03 January 2011
As a friend you can work as a mediator or as counselor and make them understand their own fault and find out a solution for them.
Arun Kumar Bhagat
(Expert) 03 January 2011
Your friend should compromise on reconciliation. The court will grant restitution of conjugal right under the given circumstances.
Querist :
Anonymous
(Querist) 04 January 2011
she is threatening my friend to lodge the FIR against him U/s 498A and not at all ready to give divorce until my friend will agree with her conditions. pls suggest.My friend is working with corporate and if any FIR lodge against him, he might loss his job. My friend is also in financial debt at least 25 lac too.
