Can Husband Take Divorce?


Husband & wife married for 5yrs; both employed; have kid-3yrs age; family living in wife's native city. Her parents interfered a lot, wife had almost NIL respect for her husband & kept on taking help of parents, brothers to humiliate him at every possible platform. Distressed husband has transferred his job to his native city & shifted there. Wants wife & kid to live with him. Wife not ready, rather spitting venom. She is  not worth to live happily in his house now. Can such a humiliated & deserted husband seek divorce from her. What are the risks ahead (false dowry cases, child custody,maintainence, physical injury etc). Please advise the right steps so that he is out of the hell!

 
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ya

 
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Advocate

Sir, its easy for him to get out of the
hell after facing some humiliation or shelling some hard earned rupees
by way of a compromise. But let him think of the child, what offence he
committed? If a couple cannot live together they dont have right to
conceive and bring innocent children into this world. Dont you think
that the kids are the major sufferers in this scenario.

 
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NO HEAVEN FALL,SOMEONE RESIGNED FROM SERVICE AND LOOKAFTER THE WONDERFULL GIFT OF GOD, BABY, EXPERIMENT IT FOR 3 MONTHS AND AGAIN COME TO US AFTERWARDS

 
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Advocate

Sir I didnt understand your reply can you elaborate the same please.

 
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Advocate

There is no legal bar for the husband to obtain a decree of divorce.
 
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based on facts stated by  you the husband is entitled for divorce, as for the child, the husband has to thik before going for divorce, also he has to mentally prepare for maintenence and dowry harrasment

 
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lawyer

husband can file a civil case to enforce the wife to live with him....if wife refuse to live wid her than it is a sufficnt ground for divorce.

 
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lawyer civil &family laws

husband can file an aplication for divorce toget freedom from mental torture & agony *get custody of child for his proper education to meet this copetitive world

 
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There are two approach to solve the problem


Classical step is restore the marriage. He can apply for the "restitution of Conjugal Rights". The wife will be forced to live in the conjugal house with the husband. Rest of the thing , like interference of inlaws etc, is part and parcel of every marriage, the husband-wife handles it tactfully. If it is too much then also keeping in mind the welfare of kids and conjugal life , I would suggest the husband to handle carefully. He will find solution


 


2nd Solution is of Divorce , that I don't personally advocate. But if all ways are tried out and the marriage has come to irretrievable breakdown then either husban or wife can apply for divorce on the ground of mutual consent or in the present case cruelty( Under clause (ia) of sub-section (1) of section 13 and under sub-section (1) of section 10 of the Hindu Marriage Act, 1955  cruelty is a ground of divorce)


 


shweta Bharti

 
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