Wife want to come back
Knowledge Gainer
(Querist) 17 June 2011
This query is : Resolved
Wife filed divorce case on the ground of cruelty in the District Court Senior Division. Now Wife is not able to prove cruelty. Wife has tried all the ways to get divorce, but she is not succeed.
Now she is trapped from all the side and requesting husband to come for MCD. Husband is denying for the same. Now one of wife's relative has taken initiative and contacted husband to convince him or to get back together.
Suppose wife want to come back, what is the procedure she has to follow? Mere withdrawal of Divorce case and come back is sufficient or husband's permission is necessary? Can she suo moto withdraw case and court will allow her to withdraw or court will get Husband's opinion / consent for withdrawing of case?
If husband want to oppose the same can he do so? what is the consequence of the same?
PALNITKAR V.V.
(Expert) 17 June 2011
Neither husband nor wife can force each other to stay together and continue marital obligations. But the wife may be successful in getting entry into husband's house. She has right of residence. If husband does not want to stay with her, he may be liable to pay for maintenance, if she is not earning. It is always better to settle all differences amicably.
