Divorce
Socialist12
(Querist) 05 September 2012
This query is : Resolved
"our client is ready and willing to join her matrimonial home alongwith her husband, provided your client provides her and her child a seperate house for them as per law, away from the residence of parents of your client, or even our client is ready and willing to join and reside together with your client where he is working/residing now, without leaving her employment, and this fact is intimated to your client several times by our client. Our client ia currently not in a position to leave her employment as she had no financial support from her husband to take care of herself and her child, and his current employment is not permanent, which makes the child's future insecure. Our client informs us that, instead of making arrangement to join our client and her child your client for the reasons best known to him he is indulging in the unlawful act of compelling our client to dissolve the marriage by mutual consent"
The above is the reply for the consented mutual divorce notice.
Earlier in the exchage of mails, the wife agreed to MCD saying NOT A BAD IDEA when suggested that both jointly petition the court for MCD and therefore notice for MCD was sent. Have one female child aged 2 years. The wife for customery sake saying that husband and his parents tortured, gave mental harassment and what not. Both husband and wife stayed together for one year and the wife left matrimonial home exactly one year after marriage. It is 2 years 10 months seperation. wife left matrimonial home Nov, 2009. Husband took a job abroad in March, 2010. Since then he has been calling her to come to his place and live with him. She has not responded. All registered letters sent to her were returned with markings refused.
NOw Is there any law that forces a husband to provide a seperate house, discarding husband's octogenarian parents suffering from heart problems, kidney problems. Is it not a bounden duty to keep the aged parents with him(husband) than going seperate with wife in the same city. The husband does not want to leave his parents at any cost. contemplating to file full fledged divorce petition. What are the problems he will face in the court. He is unemployed and would probably ask for maintenance from his wife who is lucratively employed, drawing around Rs.3,00,000(3 lakhs per month). Wife is having her own palatial home. Husband is having a flat bought under home loan, regularly paying EMIs by hook or crook, the flat documents are with the lending bank and will be released once the loan is repaid. Does the wife has any share in the property. Also
Need helpful advice as there is no chance of getting united. Husband will never leave his aged parents lurking.
ajay sethi
(Expert) 05 September 2012
she has right to stay in matrimonal home . she wont be entitled to maintenance but will get child custody in case she claims.
wife cant force husband to stay separate . he has dependent parents .
she may file DV case
