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Praveen (Sr.Officer)     12 December 2015

Divorce by force

Whether Divorce is possible when only one party is demanding? What are the legal support that one can get who doesn't want Divorce.


Learning

 6 Replies

prabhakar advocate (advocate)     12 December 2015

Divorce can be granted only when the petitioner proves his/her allegations on the grounds available in law in the court of law.  The interim maintenance / permanent alimony are the economic reliefs available in law for the deserving spouse.

Praveen (Sr.Officer)     12 December 2015

Thanks Prabhakar Sir Case: The person is demanding divorce on basis of straineous relation with wife but not filed the case yet. He is presently cooking stories of last 5 years but with no solid evidences. He is presently living with an another girl 20 yrs younger; in his other apartment in another town. That apartment jointly belongs to him and his legal wife. He is having a child of 15 yrs old and not ready for his look after until agreed or signed on Divorce paper. Situation seems not to be solved by amicable means Kindly suggest the way forward Thanks in advance

Adv. Yogen Kakade (+ 91 9225510883)     12 December 2015

Hi, If both the parties want to have divorce.. then they can apply for Divorce with mutual consent. But when first party wants to have divorce and the second party doesn't want divorce.. then the first party has to file a divorce petition with strong and justified grounds for divorce and first party has to prove those grounds before the court.

 Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants

Email: juryconincorporation@gmail.com Web: www.juryconn.in

Praveen (Sr.Officer)     12 December 2015

Thanks Yogen sir... But is there any law that prevent him to start living with the girl in Live-In-Relationship status. ? Matter seems to be complicated if it is not mutually agreed. Thanks

saravanan s (legal advisor)     12 December 2015

i think you cant prevent him from entering into live in relationship.gather evidences for the adultery committed by him and you can add adultery also as a reason in case if you file contested divorce on grounds of cruelty. if she is married her husband can file a case of adultery u/s 497 on your husband.

T. Kalaiselvan, Advocate (Advocate)     22 December 2015

She can lodge a police complaint for adultery against him and if he appears not to be compatible anymore, she may even  decide to go for a mutual consent divorce. 


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