Kapdawala (Manager) 25 July 2012

Can legal harassment be done after divorce

Hi,

I and my wife have been unable to make our marriage work over the past 21/2 years. I am 30 and she is 27. We have had troubles at my home from parents, but that is not the main reason for our differences. I care for her and want to support her during the next 3 years in which she will be studying and building her career. I will be also starting afresh after a gap of 6 months, but with more direction and clarity.

As of today the way we are, I do not think the marriage will work and do not want to invest in that direction. She may also have the same intention, but cannot be on her own ( I do not want her too). It is just that she has made life such hell, by her childish behaviour, emotions and non cooperation that I do not see us together like this. I want to close this chapter of life and start anew, but also assure her of the support that she needs. My parents are ill and are worried about her claiming things. Though I know her family is clean and she too is, but in her speaking she is not. Seeing things over the last few years, I cannot be 100% assured that this could remain so. After 3 years if her life is not as she expected it, if her career and studies do not improve then she might just become so negative. This is my fear. We still want to be friends and stay together till we seperate on strong terms, or lifes natural direction takes us seperate ways.

If we seek mutual consent divorce and get it within 6 months, showing 1 year seperatin and 6 months seperation after petition, during which time she continues staying here. I will not want to ask her to leave just because we are divorced. Also I do not want to prolong the process of divorce. In the consent terms can agree on providing accomodation and maintence etc, but if she stays with us, can she create any trouble after 3 years. I mean once people are legally divorced (After 6 months), she and I are free persons. Then if I stay together as live ins, there can be no legal binding on each other can there be.

I am really confused. I want to trust, yet cannot be certain it is a very difficult situation.

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3 Replies

Tajobsindia (Senior Partner ) 25 July 2012

1. Live-in and presenting yourself as married couple post divorce will lead to legal problems if she wants to create some. Free her from marital bindings and later after 3 years if situation cohesive re-marry her if she also agrees for the same.
2. Better is to go for MCD and provide her next door flat accommodation and living expenses as mutually agreed. But donot cohabit as husband and wife with her in next door flat. This way some cushion is there for you.
”You are romantic by heart and lover by chance“

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 25 July 2012

Dear Querist,

After you get divorced, she won't any more hold the title of 'wife' and with that would go most of her rights and entitlements, and there is no law/legal provision that prohibits you from living together. However if your relationship is in the nature of a 'domestic relationship' then in that situation - she may still get maintenance rights from you, or try to book you in Domestic Violence Act as the same does not require a marriage.

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