Wife not willing for divorce

Querist : Anonymous (Querist) 06 July 2010 This query is : Resolved
Its normal Psychology of a any person to negate the opponent.

Wife put 498a couple of times & a DV
Husband put up OP and so far wife didnot contest nor accept the notice. Jus dilly-dallying & is pending since 2008.

Both are staying in separation.

Does court can say to live together even if one of them is not interested.

Or will 498a against husband would attract in cruelty & can lead to legal seperation/divorce.

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Adv Archana Deshmukh (Expert) 07 July 2010
Court cannot compel them to live together. However, if the residence order is passed in favor of the wife in dv case, then the husband have to let the wife live in the shared household. If the husband is acquitted in 498A, it can become an evid. to prove cruelty.

Arvind Singh Chauhan (Expert) 07 July 2010
I do agree with Adv Archana.

Daksh (Expert) 07 July 2010
I agree with Ms.Archna Advocate and would like to add that there is another possibility if either of the spouse file suit for restitution of conjugal rights in that eventuality as well the court can direct the other spouse to live together. In so far your second query is concerned yes even before the charge of cruelty is proved the aggrieved spouse is free to seek appropriate relief on the ground of cruelty (as the mere allegation also tantamounts to cruelty).

Best Regards

Daksh

Legal Fighter (Expert) 07 July 2010
no court can insist a person to live with other. she may get an order to live in your house but there is no binding onto you to live with her.

G. ARAVINTHAN (Expert) 07 July 2010
you can bring the horse to pond but can not make the horse to drink water

Uma parameswaran (Expert) 07 July 2010
Court shall not compel to live together.498A may not lead to divorce or separation.

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