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Neelevoljam (Dir.)     08 March 2012

Wife wants divorce but husband does"nt

Hi,

My friend's wife wants divorce from him but he does'nt.

They were doing great together till end of the year but since january his wife went to her parents & did'nt return & is now asking for divorce saying she isn'nt happy with him.

She asked for mutual divorce but my friend is not ready.She has filed a complaint in the local police station womens cell.He was summoned by the police station for reconciliatory proceeding & he has given in writing that he does not want to divorce her & is ready for reconciliation.

The investigating officer has called him again for the same.Kindly advice what needs to be done?

How does he proceed further?

Thanks



Learning

 4 Replies

Tajobsindia (Senior Partner )     08 March 2012

@ Author

1. CAW cell is an extension of DP and basically for reconciliation setup between aggrieved / errant spouses purposes and they have no Constitutional Power other than offering reconciliation and if failed then based on set of allegations and reconciliation meetings forward recommendation under signed Authority of DCP Office for making arrest of alleged accused persons which obviously includes Husband and his sides of family members arrayed by complainant (wife) in her complaint before CAW cell.


2.
A Hindu marriage is not like one fine weekend enter into it and the next moment walk away from it with no worth while 'injurious allegations' stating as in this brief. This brief has no worth while ‘grounds and or allegations’ mentioned except your friend's spouse says she is not happy with him. Not being happy is no ground for Divorce as of now.


3
. Tell your male friend to stick to his guns about "restitution of his conjugal rights" at CAW cell and the next time he goes there ask him to file another Application stating what he stated previously and add line "no dowry was demanded / given before marriage, at the time of marriage and any time subsequent after marriage" and ask CAW Cell PO to give receiving copy to him. If the PO does not give the receiving copy (signed / stamped) then ask him to walk to main gate of CAW cell and make a 100 # call and to the operator ask him to state that “he was called today (mention date) at such and such time for reconciliation at CAW cell and he came at such and such time and presented himself to such and such (name) PO at CAW Cell and gave a Application stating he wants restitution of his conjugal rights and same Application was not received by concerned PO and PO abused him so please help me”. Ask him to note down time and date of such call and once he returns home ask him to file a RTI Application to Comm. of Police to give him transcriptt of 100# call made along with CD. The RTI should be filed under 7 days as the 100# calls are not retained for more than 30 days. Now the reply from RTI office will help him greatly later to prove his innocence as well as help in AB too in case matter is going to reach out of hand between them.

 

 

 

3 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 March 2012

No easy solution. 

 

But remember one can not keep his/ her spouse against his/ her wishes for long.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Abhilash Kumar (ECPC)     12 March 2012

Hi,

I dont know whether i am right or wrong, but let me share my case from where you and ur friend can decide what you can do.  My wife and FIL has also demanded for Mutual Divorse and i refused for that.  Since i really love my wife, as a Christian, i cannot give divorse to wife except and only if she is into fornication and also have put alot of money for my marriage.  But now, since i didn't gave her MD she file false Maintenance on me and over that she has filed false 498a on me and my entire family members.  Now she is enjoying her life happly and we are facing problem doing circles around court & police stations, insults, mental agony.  Old parents, got all sort of health problems and more over the 498a case even not into court. I filed divorse but since the family court judge got transferred no proceedings since from last 4 months. I dont know when i can get divorse and get free from 498a and what will be my life.  I could not able to think not even a minute of my future since  every thing is dark.  Now every fraction of sec, i think that if i would have given divorse to her when she demanded, atleast i would have saved my family from court and police harrasments.  Once it comes to her mind that she want to depart means, better to let her go and have head bath.  Untill unless our Indian laws changes, we cannot do any thing.

rajiv_lodha (zz)     12 March 2012

This is what practically happens. All should try to understand that U CAN NOT FORCE A NON-WILLING SPOUSE TO JOIN U & COHABIT WITH U!


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