Divorce
Mithilesh
(Querist) 25 March 2016
This query is : Resolved
Hello Expert,
I want ask one case that,newly married couple were husband is pursuing his degree in M.D(doctor) in Karnataka and wife is working women in mumbai Women put false allegation on her husband that he have leucoderma which it not true. and make such a situation that she refuse to stay with mother and father of husband in slum , now she is saying when you will make check-up with doctor then i(wife) will satisfied and you purchase new house then i will stay with you.now the husband get frustrate and irritate from her behaviour now he wants divorce from her...
Pls suggest us in what case we will succeed or how that men get divorce.
Devajyoti Barman
(Expert) 25 March 2016
The husband better get rod of this wife. Ask him to propose his wife for mutual divorce. if she consents then dissolve this marriage.
Mithilesh
(Querist) 26 March 2016
Thank you sir for your advise.
we can discuss with points
1.but she is not denying this marriage. we thought this wife wants to deny this marriage by his husband so she get compensation.
2.is there a way that she can agree and dissolve this marriage.
3.If a she have problem or not comfort then why she is not to dissolve this marriage by her side.
4.sir can Husband file a case on his wife for false allegation i.e.(Defamation).
5.If there is other way to dissolve this marriage pls let us know
Thank you
Rajendra K Goyal
(Expert) 26 March 2016
Husband being highly educated, would get another relation. He may agree if proposal received / case filed by the wife for divorce. Husband may take help of relatives to reach on Mutual Consent Divorce.
Mithilesh
(Querist) 26 March 2016
Thank you sir for your advise. Rajendra K Goyal and Devajoyti Barman
we can discuss with points
1.she is not denying this marriage.but her behaviour indicates that she don't want to stay with him but she always told to relative that she never dissolve this marriage. we thought she wants to deny this marriage by his husband so she get compensation.
2.is there a way that she can agree and dissolve this marriage.
3.If a she have problem or not comfort then why she is not to dissolve this marriage by her side.
4.sir can Husband file a case on his wife for false allegation i.e.(Defamation).
5.If there is other way to dissolve this marriage pls let us know
Thank you
Dr J C Vashista
(Expert) 30 March 2016
@ Mithlesh,
How are you concerned with this hypothetical and academic query? If so, discuss with your tutor. If not so, consult a local prudent lawyer.
Mithilesh
(Querist) 30 March 2016
@ Dr Vashista I respect you.
Its not Hypothetical its a real problem and true situation we are suffering. we want divorce but we are not saying because of compensation. we are not so financially strong sir.
now you know the situation
pls suggest us how can we get divorce ?
(pls remember wife is not ready to dissolve but she doing that way so we can get frustrate from her stupidity and we say for divorce so she can get compensation)
Dr J C Vashista
(Expert) 31 March 2016
@ Dear Mithlesh,
1. File a case u/s 9 HMA, 1956 for restitution of conjugal rights.
In the given circumstances she will deny to join you and in that eventuality you have two solid grounds to move the court for a decree of divorce.
2. If she wants to join, you must tell her in uncertain terms to perform her matrimonial obligations and take on all her domestic responsiblities and enjoy married life.
3. Discuss and solve the matter amicably even you may rope in relatives, elders, friends and/or marriage counsellers to resolve the issues and settle in your married life.
4. Court cases, divorce, maintenance, alimony, dowry demand, domestic violence etc. etc. shall rob away your peace whereas amicable solving the matter(s) (either way)shall be a better option.
5. Consult a local senior/prudent lawyer for further queries, questions and proper advise/proceeding.
Best wishes.
Dr. J C Vashista, Advocate,
Delhi High Court, Cell # 9891152939 email: majjagdish@yahoo.com
Mithilesh
(Querist) 31 March 2016
@Dr Vashista
Thank you sir for your suggestion.
Once my elder brother complete his study of M.D(Doctor) and comeback from Karnataka to Mumbai then we will do.
Sir she(She is working in MNC company earning 30K per month) and her family also waiting for my brother to check-up of leucoderma (which is false allegation )he have few patches due to injury while playing cricket
The marriage is now in April 2016 will be 1 year but She is not making any relation to his husband or with his family call (on phone once in a month but totally stop now) even she not call (on Phone) to his husband.
