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Divorce or not??

Guest (Querist) 26 July 2013 This query is : Resolved 
husband wants divorce and thrown my friend out of the house. can court give him divorce even if the wife don't want divorce??
Dr J C Vashista (Expert) 27 July 2013
Give full details of the case
V R SHROFF (Expert) 27 July 2013
Only after the filing of Divorce Petition, and examination of Witnesses, Evidence, that court may or may not give him divorce even if the wife don't want divorce.

Most probably court will not give him divorce.
prabhakar singh (Expert) 27 July 2013
Can you state the reasons behind husband throwing wife out of house.?

Unless you state facts no advice is possible.
Guest (Expert) 27 July 2013
Not so easy process for the husband.
Sudhir Kumar, Advocate (Expert) 27 July 2013
on what grounds he want divorce.
Guest (Querist) 27 July 2013
his mother and sister don't like her so, he want divorce. husband throw him out because he neither allow anyone from my friends family to enter the house. but some days back she got invitation from her grandparents family to attend marriage function they called her husband several times for 2 weeks but he never pick the call and started quarreling with her that why they are calling, and he didn't want to continue any type of relations with your family. she decided to attend marriage, only for the reason that she have the presumption that if no one from her In laws attended the marriage, the dispute pertaining to her life shall come in the knowledge of her all relatives.so his husband allow her but she didn't knew the motto behind allowing her to attend the function after attending the function she asked her husband to take him back but he neglected and said come by herself if she wants to come. even still she didn't mind and returned to husband house with her brother as she was having fever as they reach in the evening so her brother can't return back after covering 8-9 hrs distance. he asked her whether she bring money from her parents or not? she said no just gold earnings as they have already spent sufficient amount of money so she can't bring more on listening this he said to send her brother back, on requesting him, he allows but she didn't knew that second thought was already going in his mind so she make her brother slept in the landlords house. next day in the morning he started fighting with her with no issues and left the house after attending call from his mother and sister with all valuables and didn't return. thereafter she waited for 1 day next day she called police about the incident, police called him but still he didn't return and even switched off his mobile. after that for 1 day police do patrolling near their house but next day police said to return to your parents as still his phone is switched off and no relatives of your in this city so better you leave. my friend and her parents and grandparents try to reconcile but they said no they want divorce as they have no flat so they can't. and her husband family registered false cases like my friend left the house with all jewellery and misbehaved with his husband and even slapped him although the truth is that he slapped her.
Rajendra K Goyal (Expert) 27 July 2013
In the given facts success in divorce by husband is difficult, if wife opposes.

In such conditions normal relation are doubtful.

Your friend may file dowry and domestic violence case against husband and his family. She should also file case of maintenance.

If no amicable solution possible and honorable request proposal from husband received, agree for mutual consent divorce.
It would be better for the future of both.
Guest (Querist) 27 July 2013
mera manna toh yeh hai ki agr aise husbands aur husbands ki family ko acha sabak sikhana chahiye taaki phir woh kisi aur ladki ka ghr barbaad na kar sake... aur toh aur log kehte hai ki ladkiya 498 ka misuse karti hai par ladkiya aisa nhi chahti jaise ki meri friend woh toh ab bhi chahti hai ki uska ghar ussi insaan ke saath bas jaye lekin woh usse samman ke saath le jaye... apni friend ki story sunne ke baad mujhe yehi lagta hai ki aaj bhi ladke hi galat hai.. aur jhoote reviews daalte hai net par ki wife ne 498 daal diya... lekin uske piche ki sachai toh koe unse puchta hi nhi.. aaj bhi koe ladki nhi chahti ki uska pati usse chod de yah woh usko chod de kyuki uske baad ki jindagi ladki ke liye kaisi hoti hai yeh kewal ladki hi janti hai.. ladko ka kya hai woh aur uski family toh phir se naya rishta dhundne lag jaate hai.. par ek ladki ka dard koe nhi samjahta. aaj apni friend ko dekhti hu toh samajh nhi aata ki kya kahu usse kyuki uska toh vishwas hi tut gaya hai.. aur upar se sasural wale public mein bolte hai ki woh toh apne bhai,bete ko 1 ghante mein dubara shaadi karwa dege... yehi hai aaj ki ladki ki dastan.. aur upar se dekho ladko jo jhoot likhte hai ki unki wives ne cases daale hai par pehle yeh toh batao ki aapki family aur aap khud unke saath kya karte ho agr unhe apni family samjho toh koe bhi ladki kyu aisa chahegi.. rab se dua hai ki meri friend ko uski khushiya vapis de de jinhe woh deserve karti hai... husbands aur unki family ko achi saja milni chahiye jo galat karte hai aisa hota nhi tabhi toh yeh sab ho raha hai.. ladko ko lagta hai ki unka ka hoga aur woh jhoota rona rote hai aur phir naya rishta dhundhne lag jaate hai.
Nadeem Qureshi (Expert) 27 July 2013
fight the case, contested divorce is not easy
Raj Kumar Makkad (Expert) 27 July 2013
It shall be better for your friend to file other cases against her husband like DV Act, Dowry and harassment and maintenance and fight the divorce case vigorously and effectively.
Dr J C Vashista (Expert) 28 July 2013
Contact local lawyer and contest


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