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Need Help in divorce matter?

(Querist) 31 August 2009 This query is : Resolved 
Husband has filed a divorce petition in family court against his wife and he has stated that her wife is living separately since last 2 yrs. Also alleged that his wife was not obeying him when she was living with him and come home late night and didnt help her mother in law in household works. It is the second marriage of wife her 1st husband died.She has 2 issues from 1st husband.Here wife doesnt want divorce my question is what will be the suitable reply to husband's petition.Can court pass order of divorce against wife's will?What could be the judgement?[both r Hindu]
Jayashree Hariharan (Expert) 31 August 2009
Allowing divorce or not depends on various factors. Suitable reply would be the standard reply that wife is good, she doesnt come home late, husband doesn't want her.. et al, the usual denials and suggestions.

R.R. KRISHNAA (Expert) 31 August 2009
The problem between the wife and husband appears to be ordinary wear and tear of matrimonial life. The issue between them is nothing serious. This cannot form a ground for divorce.


Recent judgment delivered by the Bombay High Court has clearly held that such ordinary incidents of fight in matrimonial life cannot form the ground of divorce.

A. A. JOSE (Expert) 31 August 2009
It looks to be ordinary or normal tear & wear for onlookers as has opined hereinabove, but it would be serious issue as far as the Husband and his parents are concerned. A wife who does not hear her husband, comes late in night, non-operative attitude with inlaws - these are all contributive factors leading to an irritrievable breakdown of wedlock. While there cannot be two opinions that conciliatory approach is imperative to explore amicable resolution, if all efforts are infructuous, there would be no point in prolonging such a relationship where there is no mutual love, affection and understanding for each other. The Husband can make out a case for divorce.


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