divorce wife given verbal statement

manpreet (Querist) 06 July 2015 This query is : Resolved
sir

in divorce petition by husband , husband told he is ready to live with the wife but she made the statement that she will neither want to live nor divorce . what should be done at this stage . she give this oral wordings in front of the honable judge in court . she had claimed maintenance of pendent lite .what should be done .
please guide .

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Kappil Cchandna (Expert) 07 July 2015
Sir,

File a petition for RCR and let her satisfy the court as to why she don't want to stay with him, if the husband wants her to join his company.

Otherwise if the husband wants to get separated from wife, then he can file the case on one of the grounds provided for Divorce in Hindu Law, depending upon the facts and circumstances of the case.

Warm Regards
Kapil Chandna Advocate
9899011450

J K Agrawal (Expert) 07 July 2015
Wife has a right to obtain judicial separation instead of divorce. Divorce is not a sweet wish of any one part nor living together can be chosen by any one.

Rajendra K Goyal (Expert) 08 July 2015
If husband has filed divorce petition, he should proceed with the case. If she file case for maintenance, court may allow.

manpreet (Querist) 09 July 2015
thank you sir valuable suggestion. now
the case referred to mediation centre . court has already awarded high interim in section 24 . what to do now , what will happen there . please guide .