Wht happens when one partner doesn't want to live with other

1.incompatibility for marital relationship .

2.you would have to prove judicial seperation or mke grounds or apply for the same...then irretrievable breakdown.....then alimoney ....one time settlement....parting with movable n immovable assets.....then divorce.....

3.mcd can be opted for if bith agree

Divorce, 498a, dv, stridan etc etc

hw do one can advice w/o knowing query from wife side or husband.
appreciate u clarification with more details.

Observations:-

1.    Most litigants in Family Disputes, suffer from Arjun Vishad Yog (descripttion can be found in GITA Chapter I) - they avoid taking first legal step and then suffer protracted litigations.

2.    Here, as soon as the dispute arises, a wise decision should be taken. Preventive legal steps should be taken.

3.    Law, Lady Luck and Ld. Judges help those litigants who are vigilantes about their rights and take first step.

Opined remedies:-

1. Search locally for an Advocate and after all due diligence appoint him for taking advised legal steps.
2. Living away from each other without consent is mental cruelty to other spouse.
3. Ending cohabitation is mental cruelty to another spouse.
4. RCR is option if one knows ¾ well other spouse upper story how it works in crisis situation. Once RCR decree granted and other spouse does not rejoin it becomes after 1 year ground to seek divorce (under Hindu Laws).
5. Filing divorce under above hinted cruelty inference are also an option apart from other instances that surely might have happened behind closed 4 walls of couples home.
6. Counseling – mediation proceedings approach by Family Court brings out finer facts of other spouse mind. This happens only when spouses meet each other in a Court and not in social sittings.
7. Spouse journey to dissolve marriage starts from Trial Court and ends at Hon’ble SC then only “at any cost” thinking as mentioned in your brief is found to be correct resolve otherwise before that even if it is said, it sounds hallow / shaky is my view.
8. The petition should inspire confidence that parties marriage has irretrievably broken down and is beyond repair and ld. Court is not sitting to deal with ideal spouse or to give long lectures on moralities, she is interested to know who is at fault and which remedy under personal law as prayed does squaly fits to allow divorce or not and then couple(s) journey to higher judicial forum starts "at any cost". Unless first step taken via initiating Court proceedings such discussions does not bring desired result r/w observation paras 1 – 3 is my view.
[Last reply] 

Dear Tajobsindia & Sufferer and other experts thanks alot for giving your precious time and valuable suggestions.

Dear experts,

In continuation of my above query  Iam posting the relevant facts,plz guide me.

sir,
Due to untolerable mental cruelity given by her Iam not living with her.Her parents interferance in our marital life was so much that she never given the respect and love to me and my family.She always tried to follow her parents and always listen on their yes or no.
She had treated my parents very badly.Her parents and relatives have given several times ultimatum to follow their parents and her or else they will drag me in criminal cases.
So,after continuos threat and torture I left my wife to her parental home and stopped communication from last 9 months.
Iam a business man and hardworking person who don't want to give my properties to her evil hands.
Plz sir give me some guidance that how can i come out from these dead marriage,as i don't want to live with her.At that time I didn't recorded any cruleities in welfare of her,but now how i can proove?
Does she has share in my Business?

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