Wht happens when one partner doesn't want to live with other at anycost and divorce is not granted
D Seikhar G
(Querist) 06 September 2013
This query is : Resolved
Dear experts,
If one of the couple doesn't want to live with other partner at anycost and there is no evidence of mental cruelity as such action is witnessed by only four walls of the room and one of the partner is living away from other partner due to mental cruelity.Marriage is no more alive as both partners communication has been stopped but other partner is not ready for MCD.So,in such case how to proceed? Do court force the petitioner to live with the respondent if divorce is not granted to lack of evidence? If one partner can't live with other partner at anycost then what happen's ,is there any punishment for that?
I shall be very thankful to your answers.
Sudhir Kumar, Advocate
(Expert) 07 September 2013
contested divorce can be there.
you have not disclosed why one partner is abandoning other
Dr J C Vashista
(Expert) 07 September 2013
Please provide complete information.
Court cannot compel any person to live with other partner, even if the court passes a decree.
D Seikhar G
(Querist) 07 September 2013
sir,
Due to untolerable mental cruelity given by her Iam not living with her.Her parents interferance in our marital life was so much that she never given the respect and love to me and my family.She always tried to follow her parents and always listen on their yes or no.
She had treated my parents very badly.Her parents and relatives have given several times ultimatum to follow their parents and her or else they will drag me in criminal cases.
So,after continuos threat and torture I left my wife to her parental home and stopped communication from last 9 months.
Iam a business man and hardworking person who don't want to give my properties to her evil hands.
Plz sir give me some guidance that how can i come out from these dead marriage,as i don't want to live with her.At that time I didn't recorded any cruleities in welfare of her,but now how i can proove.
Does she has share in my Business?
ajay sethi
(Expert) 07 September 2013
you had raised this query earlier too
Sudhir Kumar, Advocate
(Expert) 07 September 2013
do you really think that you can drop her like that free of cost for ever.
Rajendra K Goyal
(Expert) 07 September 2013
try to settle the matter amicably and if possible try to save your marriage.
If you file divorce case , be ready to face cases under 498A, DV Act, maintenance etc.
Raj Kumar Makkad
(Expert) 07 September 2013
If mutual negotiations fail, the only option remains to file contested divorce petition on the grounds prevalent with the petitioner and thereafter let the court decide the petition on merits.
D Seikhar G
(Querist) 07 September 2013
Makkad sir,thanks for your valuable suggestions.
Sir, Do she has any right in my business? Do not living with her comes under any punishment under Law?Living with her is highly toturous and untollerable.
Rajendra K Goyal
(Expert) 08 September 2013
She is entitled for maintenance subject to court order on merits. Law can not force any body to live with spouse.
malipeddi jaggarao
(Expert) 09 September 2013
She will not have any right in your business except the maintenance if awarded by court. Normally court will award maintenance in such cases.
Do not living with her is not punishable in law as law can not force anybody to live together against the wish of the parties.
Better you ignore her for some time and do your business. She will realize after some time for her mistakes and come back to you.
D Seikhar G
(Querist) 10 September 2013
Dear experts thanks alot for your precious time and valuable suggestions.
Sudhir Kumar, Advocate
(Expert) 11 September 2013
repeated http://www.lawyersclubindia.com/forum/Wht-happens-when-one-partner-doesn-t-want-to-live-with-other-88066.asp#.UjBxbn_Qzmk
