Dear,

A wife is mentally and physically tortured by her husband since last 10 years and does not willing to stay with her husband anymore. Since her parents does not want to take her respomsibility they are not supporting her and asking the wife to keep on adjusting with that husband. She has got 2 kids and husband is refusing divorce. Wife is unable to accept her husband and in-laws anymore mentally who are constantly trying to impose things onto her as it's a social stigma of having divorce in family.

Can the lady walk away from the husband's residence on her will with a notification/ statement submitted to the local police station about the departure and stay at some unknown place where she would continue her legal proceedings from?

Is she bound to wait and stay with her husband till the husband is ready to give divorce to her?

Logically a matured woman of 36 years can go and stay anywhere she wants and feels comfortable. Will that lead to any legal issues to that lady? If yes, what sort of problem it can be?

Regards,

Suvajit

@ Author,

 

1. If she can self support and she can also provide for child support she can move and process her case from a rented residence.

2. However in such long marriage cases it is always advisable to seek first protection Order under Domestic Violence Act living under same roof with children and then process a case for divorce.

 

With first suggestion disadvantage is that she has to be on self support model.

 

With second suggestion the disadvantage is that protection officer needs to be pro-active to help her / child always in need on some of the violation by husband / his side of family.

 

Moreover she has a reson to walk away and live using seperate residence as violation of her matrimonial rights seems to be continuous as per presented facts. Laws says consent of husband necessary for living seperately. But when husband does nto give consent and there are matrimonial rights violation for continously then she can always assure court of the 'neglect' of husband in his performance of matrimonial duties. So it all depends on interpretation from case to case. let case go on floor of the court. Sitting and waiting for him to give divorce will never entitle her for divorce if that is what she feels is right for her after a decade long marriage!

However in general society expects her to live under same roof and process her case for divorce as per grounds availabel based on facts to facts via first seeking some sort of protection order under DV Act to protect her destitution / welfare of children  and domestic violence she may be said to have been subjected as per her statements.

 

Make her understand various models (rights) she is entitled to seek her rights through / give her women friendly glimpse of law and tell her to proceed seeing her comfort level first and her decision may not be solely resting on this advise only.

Always better to hire services of a women issues sympathetic lawyer via reference / search LCI databse for finding one and discuss her agrievements / allegations and remedies she is entitled for then act accordingly an dnot before is one view.

Hi Suvajit,

In my considered opinion, the woman should walk out, an abusive relationship is much more than physical scars, it wreaks a person's psyche. She has all the rights under the sun. She is not required to be a burden on her parents. She can seek maintenance if she is unable to maintain herself, maintainence for children is always there to get. If there has been a dowry angle - she can voice her grievance regarding that too.

 

Considering discussing this with a local organisation or a seasoned family lawyer in your area.

Notwithstanding the fact that the marriage of the wife who has been at the receiving end of the physical and mental abuse by her husband has not been dissolved, she is at liberty to leave her matrimonial house. Although the husband can file a suit for restitution of conjugal rights to bring her back, she cannot be forced by the court to start cohabiting with husband all over again. She is free to file for divorce, seek maintenance for herself, alternative accomodation and much more.

Hi Members,

I have been married for 1 year 2 months.I do not want to stay with my husband .We both are from different culture,language and background.But soon after the marriage I went through severe mental and physical torture.Now we both are working and staying separately for almost six months.Even he does not want to take any responsibility of mine.He does not have any contact with his own family.So their family members cannot help us.

I dont want to continue this relationship. But he wants to create problems for me.Neither he wants to stay with me nor he is ready to go for mutual divorce.

In that case what should I do and how long my divorce case might take ?

@ anamika, good thinking, u staying separate frm last 6 mnths and saying he is torturng u. Women like should not marry. Think abt him also get divorce. If greedy take money enjoy with b/f.

@ Anamika,

Your query just need little sitting down that also before the right Authorities. Suggest you to file for plain Divorce. The moment you do that and case gets admitted, notice will be served upon him and he and you will be sent for mandatory re-conciliation. The Counselor there should be made aware of the situation both are in currently and specifically tell him that both want divorce but this last mile virus is in husband’s upper faculty! Let the counselor work on both of you first on patchign up failing which he will make him understand the merits of non – contested suit matter J

Your goal is achieved J
 
(Search for an advocate via reference / search one from LCI database of Lawyers)

ATB.

Anamika, your husband does not have any relation with his own family nor with you..any peculiar reason?

Dear,

Thanks for your kind response,

Here few points are to be mentioned:

1. Sine the lady does not have any income she is unable to take the kids alongwith. Moreover the husband will never allow the kids to be taken away. This will hamper the kids' education as well. Wife is confident about the fact the husband will take care of the kids.

2. Since the lady has no income she is compelled to be guest of her friend till the time she gets financial assistance from her husband through some legal mandate.

Now there arises few probable consequenses:

1. Will the lady have to mention her destination address in the general diary that she is about to put up in local police station to avoid any kind of missing diary lodged by her husband? If she does not mention the destination address in the General Diary, will that be accepted by the duty officer or would be refused as "Incomplete StatemenT"? Because if she mentions the destination address, the husband will get to know the same and might try to harrass the lady and her supporter as well.

2. Can the husband lodge any complaint at the local police station against the wife regarding any kind of theft or having illegal relationship with an external fellow (who is giving the shelter), or eloping her wife against the person who is proving the shelter to his wife? Because according to Hindu Marriage Act, the wife is not supposed to stay at any place except her husband. In case the wife is taking shelter with a friend of hers might be she would be living in the same buliding (but different floor).

3. In the 2nd point, if the husband accuses the lady to having an illegal relationship, will police come and pick the lady up and send her to the govt. home or the matrimonial house again where she tried to escape from? In that case it's evident that the lady is forced to stay with husband against her will/ consent.

 

Regards,

Suvajit

9830053002

Dear Suvjit ,

A twist in the matter " Wife is confident that husband will take care of the kids "  than where is the question of negligence of the kids hence the statement it self proves the husband is loving towards the kids and there is no question of domestic violence against the kids . 

If domestic violence has taken place between the husband and wife that she can get reliefs in the form of maintaince ,residence ( rental ) etc . But all these haveto be proved and it depends how long it would take for a domestic violence case to go on maybe 4-5 yrs . yes the husband can file a case if she is staying with another man and having a illicit relationship which would have to be proved and if proved you not even get any maintanence .

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