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Ankit Patel (businessman)     09 October 2015

What if one party never want to stay with other & other want

Dear sir,
i got married in 2012. after 1 month of marriage we live separately for 9 months. she used to cry & fight a lot. i filled divorce case on the basis of cruelty than my wife filled that for money demand i am leaving her & she want to stay. we have no kid.

sir my question is :

1.what if one party never want to stay with other & other want to stay than court grant divorce or force to stay with each other.

2.  what if wife failed to prove that i demaned money. can i get divorce than also.?

 



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 10 Replies

sandykrish (Interested in Family LAW)     09 October 2015

Mr Ram, don't be so ignorant and casual about the underlying marital issues. She is hinting to put a 498a and dv on you and your family. Before it gets out of your hand involve your elders and sort this out. If one is not willing for divorce then it has to be contested the case can drag for 7 to 10 years, grey hairs, no s*x, no peace of mind.etc.
2 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     10 October 2015

With due respects to the Indian Marriage systems,don,t stretch the issues to go beyond control and land into legal hurdles spending UR time and money.Separation after one month of marriage and the first anniversary in the offing.Not valid reasons for divorce,though living apart since 9 months.Was it love marriage or an arranged one?

Still I feel that U are not out with the correct facts.

 

fighting back (exec)     10 October 2015

Dear sir,
i got married in 2012. after 1 month of marriage we live separately for 9 months.

what was the reason to live separately for 9 months,? did she leave you or did you leave her? and where was she for the whole 9 months? what attempts did you make to bring her back? ( this question will be asked to you in the court)

she used to cry & fight a lot.

what was the fight all about? did it get physical? any witnesses or any police complaint took place? any N C case registered with the police?

filled divorce case on the basis of cruelty than my wife

what was the specific grounds for filing grounds? can you be more specific so as to get a clear picture

filled that for money demand i am leaving her

.........you are leaving her? that means have you left your own house? as she might be last staying with you.....who is paying for the rent? you or her

 

& she want to stay. we have no kid.

on what grounds have you filed for divorce? if you can be more specific, then one can give a more specific opinion.

sir my question is :

1.what if one party never want to stay with other & other want to stay

no court in the world can force you to stay with her, however, she can seek residentail rights in DV case to stay with you. do not, do not file for RCR  and withdraw divorce if any lawyer advises you to do so, as it will backfire on you, you have to be firm on your divorce petition come what may. only thing is that you will have to pay alimony to her , afther the court considers the other circumstances, if she is working and earning, and if you prove it, then you will be saved from alimony., be prepared for retaliation by 498 DV 125 hma 24. and endless rounds to courts, advocates, loosing of peace of mind and money

 

than court grant divorce or force to stay with each other.

2.  what if wife failed to prove that i demaned money. can i get divorce than also.?

this is a confusing question, if you ask that " what if wife failed to prove that i demaned money. can i get divorce than also.?" so does it mean that  you had actully demanded money?

Ankit Patel (businessman)     10 October 2015

Dear sir, Thanks for responces. Sorry my short question left too much confusion among u. Now i giving whole detail than plz suggest ur expert opinion...

We got married in Feb 2012. she was very angry in nataure. since after maariage she used to cry & fight on even small issue. after 1 month of marrige she went to her father home without telling me and stayed threre for november 2012.  meanwhile we tryed a lot to bring her back becasue i alsways want to save my marriage. during this time to cover her misatke she spreaded a rumor that he is demanding money so i am not going. than we called a social meeting in which his father accepted her daughter mistake and also accepted that they never demanded any money.

than we satyed till march 2014 togethet. during which she fought a lot. my mother filed a police compalined & my father also send a complained via post. in both complain police didnt take any action.

finally i filed dv case in march 2014 after few days when my also filled that becz of money demand i am leaviyng her & she want to stay with me.

in court my cross examination is over & neither she has given any proof nor her lawyer got any favour sentenace from me. out of 4 socail person one was also witnesed from our side & he told that her father accepted her mistake.

now her corss examination is left. i came to know that 1 person from meeting becoming her witness.

so sir this is whole story thats y i am leaving her. 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     11 October 2015

UR short question has not left any confusion amongst us,but if UR not able to mention the true facts,the suggestions we give will be like half baked beans.U are the sufferer.U said U filed DV cases, In India there is no law for protection of males from DV.If wife beats U black and bluethen its her pleasure and when U protest its UR horror.OK wait till her cross examination is also over,lets see what's in store.

N.K.Assumi (Advocate)     11 October 2015

From February 2012 till today, you and your wife lived without peace and harmony in your nuptial home or say in your in laws home. It is said that marriages are made in Heaven, or so it said.But one wonders what happens to them by the time they descend down to earth. Your marriage is something like two enemies sleeping together in one bed. Better opt for divorce.

fighting back (exec)     11 October 2015

@sainath..when the author mentions DV, he means to say divorce.....i think the author is very well aware of that. only thing is that he has not been able to convey his message clearly. 

Ankit Patel (businessman)     11 October 2015

Dear Sir,

I couldnt undersatnd ans. what in this case ?

can court force to say stay to gether when we r living together as ememy?

and what if my wife could not prove her false allegation?

SAINATH DEVALLA (LEGAL CONSULTANT)     11 October 2015

Once differences have crept in beyond repair,no one on this earth can compel to stay together not even the courts.At the first instance face the cases with valid evidences and merits from UR side and prove her false allegations are wrong.

N.K.Assumi (Advocate)     11 October 2015

If you genuinely think that the allegations are false, just face the trial as advised above. And after the trial file a complaint against her under Section 211 of the IPC.

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