Divorce
Querist :
Anonymous
(Querist) 27 September 2011
This query is : Resolved
I have signed into this site in a desperate attempt to find a solution to a seemingly impossible problem. What can be done to get a divorce in a case where the female has pledged not to give a divorce but is living separately for the past three and a half years? She has not bothered to check on her husband or his family for three years now and refused to compromise when he approached her around 2 years back. The lawyers of my relative ( the husband) are warning him that she may take drastic steps like lodging a complaint against him for adultery or dowry or cruelty which might land him in jail. They say that the law only favors the FEMALES and that he has no chances of getting a divorce unless she does something terribly wrong. Is this really TRUE? Because of this he is not able to think of a new life at all.Is there no way this situation can be handled quickly? One more hassle is the fact that he is a public figure and any such moves from his wife against him will tarnish his image. PLEASE SUGGEST WHAT CAN BE DONE...
R.Ramachandran
(Expert) 27 September 2011
He has to file a petition for Restitution of Conjugal rights.
If that does not materialise, then he has to file a petition for divorce on the ground of desertion.
Yes, there may or may not be any counter attack by the wife. The question of her filing any complaint of "adultery" does not arise. A complaint of Adultery can be filed only by an husband of a lady against a male, who is having illicit relationship with his wife. So the estranged wife of your friend cannot file the adultery case against him.
Of course, she can always bring in dowry case. But the chances of bringing any domestic violence case is very remote since she is not living with the matrimonial house for quite long.
If she brings any such cases one has to face it. That is part of life. Either your friend (A PUBLIC FIGURE!) has to face the same and come out if he wants to start a new life or remain in constant fear of her, and keep his public figure image in tact.
Guest
(Expert) 27 September 2011
I also agree with Shri Ramachandran.
Advocate M.Bhadra
(Expert) 27 September 2011
Ask your friend to file a Divorce suit on desertion ground in Family or District Court.Inform the police(Both police Station) that your friend's wife left matrimonial home on her own accord and she is living with her parent three and half years separately and the husband filed a suit, which is pending before the learned Court.
Guest
(Expert) 27 September 2011
i am of different view from Mr. Ramachandran. In the DV Act no where is mentioned about the limitation for domestic violence. she can still file a complaint under DV Act. but it is better option you file a case RCR.
Shonee Kapoor
(Expert) 27 September 2011
I disagree with Mr. Ramachandran.
Restitution of conjugal rights is a futile case, I had written an article on the same in lawyersclubindia about the same, it can be found below:
http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp
Also, a lawyer who is scaring you more than helping you come out with probable solutions is not a good lawyer according to me.
The choices before you are stark.
a) Keep on waiting for the wife's heart to change (Would take years and unlikely solution)
b) Push for a divorce case from your side w/o bothering what she might do. (in such a scenario after 3-4-5 years at least you can start a new life)
Dowry harassment and DV lodged after such a delay would have lost most of the sting by now. And in any case whole problems in Dowry harassment cases last till husband and his family is admitted on bail (Barely a month of whole procedure, now only people who are taken by surprise see the inside of jail in Dowry Harassment cases)
Hence my advise would be to file for divorce under desertion ground.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 27 September 2011
"Restitution of conjugal rights is a futile case"
is a sentence worth diamond as i have always viewed it so in my experience.
I am going to read your article just now Mr. Shonee Kapoor.
Guest
(Expert) 27 September 2011
Agreed with Adv Ramchandran and Adv Sachdev.
Chanchal Nag Chowdhury
(Expert) 27 September 2011
Your relative seems to be only thinking & doing nothing. Go for divorce as the only solution, otherwise, he will live to rue his missed opportunities.
