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Simhan (manager)     27 April 2018

Divorce

Dear Experts,

In the case of  divorce on merits basis how long the case will go,   everytime judge is asking the wife whether she is giving divorce, she says she requires accomodation and not willing to give divorce. Presently she is staying with her parents for the past 5 years.    if the husband is not willing to live with the wife court will not grant divorce on merit basis to husband?.  In the above case husband maintains two well grown up children,         and children not willing to go to their mother husband takes care of complete family responsibiity. and  wife is well educated and capable of earning but not earning now to revenge the husband by asking maintenance.  what is the solution?

Reg,

Simhan



Learning

 2 Replies


(Guest)

If the wife is reluctant to give divorce, the husband may file a petition for restitution of congugal rights u/Section 9 Hindu Marriage Act, 1955. Alternatively, the husband can file a contested divorce case on cruelty grounds.

For further queries, you may e-mail me at: basu_kunal@hotmail.com

Kind regards

Advocate Kaybee

TGK REDDI   27 April 2018

No Court can coerce a husband or wife to live together.

There's a five-year separation, a ground for divorce.

If she doesn't have proofs of rejection for jobs, she won't, I think, be eligible for maintenance.


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