Divorce: desertion
T SANKAR RAO
(Querist) 26 February 2012
This query is : Resolved
Sir,
If any spouse does not like the other and wants divorce without seeking maintenance from the other or no capacity to provide maintenance to the other, what objection has the court to grant a divorce. How can the court force a spouse to live with the other? Comment please.
Shonee Kapoor
(Expert) 26 February 2012
Maintenance has nothing to do with divorce. Divorce happens on independent legal grounds, if those grounds are not made out in petition, then divorce won't be granted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 26 February 2012
FILE MUTUAL CONSENT DIVORCE.
Adv.R.P.Chugh
(Expert) 26 February 2012
If it is not a case of divorce by mutual consent, court would have an objection. The Divorce laws in India are based on matrimonial offences/guilt/fault theory - even if the other party has no objection - the one moving for divorce still has to prove fault on the part of other party, as well as the innocence of his own claim.
Advocate M.Bhadra
(Expert) 26 February 2012
Your query is not clear,if the both spouse are not agree to live together then they can file a suit for Divorce on Mutual Consent.Court can try to reconciliation between them but can not force.Even a decree of divorce on mutual consent the wife can claim maintenance from her husband if she is unable to maintain herself till she re-marries.
Advocate Bhartesh goyal
(Expert) 26 February 2012
Court can not force any spouse to live with another but can make efforts for reconciliation.If both the parties are ready to take divorce then file divorce petition on ground of mutual consent.
Deepak Nair
(Expert) 27 February 2012
Divorce by Mutual Consent is the only way out in such circumstances.
one partner does not like the other is not a ground on which divorce will be granted.
