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Kabir (SE)     20 July 2014

Pros and cons ito stay separatly in failed marriage

Legal advantage and disadvantage if you plan to stay separatly in failed marriage?

Hi All,
I am starrting new email thread so it will be noticed by many friends who is in kind of mind state who wants to stay separatly in failed marriage but same time they would like to know all the PROS n CONS for the same.
 
  1. Could you please share more of your experience in terms of legal advantage and disadvantage if you plan to stay separatly?
  2. Should you officially inform her/her family of this decision?
  3. Should you inform to Police Station?
  4. What about if she comes to your place where you are staying forcefully?
  5. What about if she and her family comes to office place and do drama.?
  6. What are the ways to send strong message to them?
  7. Should you continuing paying current house rent and her monthly expenditure?
  8. Based on multiple thread, i got to know that filing a divorce is just like jumping from frying pen to fire. So what next should be done if you cant stay any more with such person?

Kabir



Learning

 5 Replies

Suneet Gupta (www.vashiadvocates.com)     21 July 2014

There is no legal sanctity to staying separately (especially with another partner). Your wife can always accuse you of infidelity, cruelty, desertion, etc. Informing the wife or the police station of the same is like the thief pre-informing the police station that he is going to steal a necklace from the museum.

However, you can:

  • File for divorce through mutual understanding and obtain a quick separation by by negotiating a mutually acceptable severance package
  • Discuss this with your wife and decide to stay separately with you agreeing to bear her living expenses, and she allowing you to stay separately.
  • Take sanyas and renounce the world, which can become a ground for divorce.

Regards, Suneet

Suneet Gupta (www.vashiadvocates.com)     21 July 2014

There is no legal sanctity to staying separately (especially with another partner). Your wife can always accuse you of infidelity, cruelty, desertion, etc. Informing the wife or the police station of the same is like the thief pre-informing the police station that he is going to steal a necklace from the museum.

However, you can:

  • File for divorce through mutual understanding and obtain a quick separation by by negotiating a mutually acceptable severance package
  • Discuss this with your wife and decide to stay separately with you agreeing to bear her living expenses, and she allowing you to stay separately.
  • Take sanyas and renounce the world, which can become a ground for divorce.

Regards, Suneet

Biswanath Roy (Advocate)     22 July 2014

To end all of your queries in seriatim you may resort to MCD. In this context I must mention due to generation gap the object of marriage has compleatley changed.  Previously marriage was a sacred tie between a male and female to form a new family which will fulfill the object of continuity of creation as desired by the Creator.  Now a days the object of marriage is to enjoy s*x for pleasure and the couples preferred to live with each other with a friendly terms without any interference in their personal liberty. But after marriage husband wants to dominate his wife as his father behaves with his mother that is why the clashes between husband and wife is increasing day by day and the couple are running after divorce.

1 Like

T. Kalaiselvan, Advocate (Advocate)     22 July 2014

By your queries, you seem to be anxious about inviting troubles and problems for yourself. We are living in a society where we are required to follow certain norms and respect the law of the land. Legally, living with another woman away from the wife while the marriage subsists, is termed as adultery attracting punishment for the offence.  If the circumstances are compelling, why don't you opt for legal separation in a quicker time i.e., divorce my mutual consent?  Consult a lawyer before you leap.

Adv k . mahesh (advocate)     22 April 2015

in your words what is a failed marriage and how you justify a failed marriage

because there is pros and cons in every angle and if we think of positive angle then everything will become positive and even our other end also result in positive may be some struggle

and after going by your query first write down all the terms what all you both want to frame after separation and meet a local lawyer but both parties should agree for this and she field any cases let her withdrawn all the cases then file this mutual consent divorce which is mental free and no hassle for you both maximum to maximum a few 5 or say 6 times you have to go to court and end this marriage by divorce decree within 7 to 8 months and if there is any one percent chance then try to discuss with her and make a happy married life as once broke cannot be come to its original position


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