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Divorce

(Querist) 25 January 2013 This query is : Resolved 
My close friend who is Sub Inspector in Police had married in the year 2005 under Special Marriage Act, 1954 and had obtain the marriage certificate after appropriate registration. In his marriage life, unfortunately he and his wife could not have any child with unknown reason. The couple had consulted the Gynecologist also. But there's no sign of Gynecological problem from both of them according to the Gynecologist findings.

On 24th Dec 2012 night, my friend wife in the absence of her husband (my friend’s) was influence herself with an intoxicating drink. And when her husband (my Friend’s) return home late at night after his routine duty was over, his wife had violently disrupt upon him, shouted upon him just because he came home late at night, and alleging him to have some dirty unconditional affairs with the street girl or call girl. Besides this, she had also threatened him to kill by way of food poisoning.

Truly speaking, my friend's on that particular night, he does nothing to hurt her wife physically, psychologically or mentally. He came home from his place of work as usual; he never used to drink, (HENCE HE WAS NOT DRUNK ATALL). After a heated debate with his wife, my friend's relative who was at their neighbor, they had called his wife father and mother who were in the same city. They came into their residence after a while and they had witness everything that their daughter was completely drunk and could hardly take care of herself. And a couples of hour later, my friend's had simply told his wife just to stay away for someday (to live with her parents and to take parental counseling) till she realize her cruelty upon her own beloved husband. And she left her matrimonial residence with her parents that night.

But mysteriously, his father-in-law on the next day morning with his daughter (My friend’s wife) had come back and he insists him to take back his wife and to allow her to live their matrimonial residence without any hesitation and without any problem. My friend’s denied and he did not allow her to enter. Later, on the same day, his wife and her father’s had again called him on his cell phone and they had informed him that they would like to settle everything appropriately and they would like to go for divorce. In response to them over mobile phone conversation, my friend’s had told them that he did not think about of getting divorce and separation, he told them that he just would like to teach his wife a lesson, he just want her to stay at her parent’s home for sometime and to get some parental counseling. But his wife, with her parent’s they insisted him to settle everything and to get divorce through appropriate court of law. They had also asked him to immediately consult with his parent’s in this issue and to take immediate action.

My poor helpless friend’s after consulting with his mother’s and other’s family elders. They decided to approach the Court for divorce. And they had also informed ‘wife and her parent’s’ about their intention for filling of divorce case.

But wife and her parent’s take U-Turn, they again refused for divorce saying they won’t consider and they won’t accept the divorce.

Please kindly advice and gives us suggestion how to take a legal step towards this issue.


With warm regards,
ANIL KUMAR 8867907494 (Expert) 25 January 2013
Ur friend can seek divorce on the ground of cruelty
R.K Nanda (Expert) 26 January 2013
contact local lawyer as query too long.
V R SHROFF (Expert) 26 January 2013
ur friend must contact local lawyer to do needful.

Being Police officer, must hv good contacts with them, and hv to move court in either case.
ajay sethi (Expert) 26 January 2013
repeated query


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