Wife is not willing to give divorce
Querist :
Anonymous
(Querist) 13 December 2024
This query is : Resolved
Hi,
Need guidance:
A male friend age 43 married to his wife 17 years ago. They both have 2 sons aged 15 and 12 years respectively. The women is working in a reputed bank but never disclosed her salary /designation since beginning and kept her all financial details completely secret. They are living under one roof but there is no husband /wife relationship from last 11 years.
The women has started harassing the man by all mean - not contributing in household expenses, house rent, school expenses etc. Every time is raising her hand by saying " i I have no money" but she is enjoying everything in house with full ownership.
The man around 7 years ago met with an another women and they came into relationship. He informed his wife and asked for divorce but she said she does not care he do whatever he wants to and she is happy in her own.
Now, the man is asking her to go for a peaceful divorce but she is not willing only, she does not want to take the responsibilities of children even.
Need advice:
- since she is working can she still ask for maintenance ?
- if both child stay with man can she still ask for maintenance ?
-if 1 child stay with man can she still ask for maintenance ?
- Since she is aware that her husband is married to another women /relationship can she take some big actions ?
- The man has no property on his name; there is one property and that too belongs to his grandmother and he is the 1/5 shareholder in that. Can she still make a claim on that ?
- Can she file false domestic violence etc. every after 17 years of marriage?
- How man can get divorce in this case?
- Its a Mumbai matter, need advice please.
T. Kalaiselvan, Advocate
(Expert) 13 December 2024
You have repeated the same question in the forum section of this website, you may visit that thread to know about my opinions on the subject.
Dr. J C Vashista
(Expert) 15 December 2024
My answer to your questions:
- since she is working can she still ask for maintenance ? Yes, she can ask and have alimony in a divorce petition
- if both child stay with man can she still ask for maintenance ? Since children is responsibility of both of them, she has to contribute, when demanded by or on behalf of children
-if 1 child stay with man can she still ask for maintenance ? As above.
- Since she is aware that her husband is married to another women /relationship can she take some big actions ? Live-in relationship is not a crime and no action can be taken by other spouse
- The man has no property on his name; there is one property and that too belongs to his grandmother and he is the 1/5 shareholder in that. Can she still make a claim on that ? Not at all.
- Can she file false domestic violence etc. every after 17 years of marriage? No one can stop filing her/him a case, however, it is the question of maintainability of the case
- How man can get divorce in this case? You will have to move to jurisdictional court for passing a decree of divorce through a local prudent lawyer.
P. Venu 
(Expert) 17 December 2024
Why you are so inquisitive of the private affairs of a person and his wife? How you are so sure of the facts you have posted? Is it not ideal that said couple are left to mend or fend their private affairs?
