Husband left home
Bindhu
(Querist) 27 July 2014
This query is : Resolved
Hi,
My husband have left the home and staying separately with me and my little son by listening to there parents words so from the time he left the home he is not speaking on the phone also, we had sent so many elder people for arrangement the reasons what they are saying are
1. They don't want to stay together. They want divorce from me.
2. They are saying the reason as i did't understand my husband properly and he had suffered with me staying for 6 years.
I didn't applied any case on him assuming that he will change his mind and come back soon but he is not changing his mind only with out any reason and want to marry some one else there parents and he is playing a drama with me and my son and parents
what my questions to the lawyers is
1. Can he file a divorce case. If he applies for divorce case he will get the divorce by saying the reason she didn't listen to my words
2. Can he apply for divorce saying that we both are staying separately for more than 2 years on that basis can he apply? but the actual situation is he is avoiding me from contact this reason what he is saying will be valid?
3. Can i raise a petition on him saying that i want my husband, he is not taking me to there home? what will be the circumstances for this petition
4. If i wont put any petition or any thing staying like that,can he get divorce at any situation.
What are the other ways i can proceed through court to get my husband back.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
He can file divorce case but not on the grounds you have mentioned.
Living separately for more than 2 years can be said as non cohabitation for more than two years,but he has to substantiate the reasons for this, you can always deny the same if it is not a fact.
Yes you can file a petition for restitution of conjugal rights u/s 9 of HMA.
If you choose to remain absent by not appearing in the court even on receipt of summons, the case will be decided exparte against you.
Devajyoti Barman
(Expert) 27 July 2014
1. Any of the spouses can file suit for divorce the outcome of which depends solely on proof of allegations.
2. Applying for divorce is no big task. The problem lies with getting the decree on proof of allegations.
3.Yes, you can make counter claim of Restitution of conjugal rights.
4. yes, on ex parte.
