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Spouse seeking separation

(Querist) 09 March 2013 This query is : Resolved 
Hi,

My friend is gng thru a separation. His wife has asked him to leave the house, The house in which they are living currently is owned and fully furnished by the MIL. Currently the MIL is also staying with them. My friend works for a software company.
The reason why the wife asked him to leave the house is that they are not compatible & not on talking terms for the last 4 years( have been married for the past 8 years and have a son aged 5).

Pls advise what steps need to be taken by him to protect himself against any domestic violence or a dowry harassment case she might file in the future.
Devajyoti Barman (Expert) 10 March 2013
Ask your fiend to lodge complaint if there is any offence made against him.
there is no law till now to protect a person form eventual filing of case.
If anything so happens then he will have to take action as the law demands in that situation.

If he is keen to lead his marital life then he may contemplate filing suit for restitution of conjugal rights.
V R SHROFF (Expert) 10 March 2013
YOU SHOULD TALK TO WIFE PERSONALLY AND RESOLVE THEIR DISPUTE.

HAD YOU SEEN YOUR FRIEND'S WIFE?????????????? TALK TO HER FIRST BEFORE HELPING YOUR FRIEND.

IT MAY BE SO THAT YOUR FRIEND LEFT HIS WIFE TO CATCH A GIRL FRIEND, OR HAVE AFFAIRS IN LAST 4 YEARS AND NOT PROVIDING ANY MAINTENANCE TO HIS WIFE AND A 5 YEAR OLD SON??
Raj Kumar Makkad (Expert) 10 March 2013
It shall be better if the mother of your friend files a case for perpetual injunction against her daughter in law against her own house. It shall definitely pressurise the wife of your friend to think over her latest dictation given to her husband and a stage may come for compromise and break the long standing dead lock.
Raj Kumar Makkad (Expert) 10 March 2013
Your friend should also not adopt such attitude not to talk with her wife for such a long time even though living under the same roof. If possibilities of reconciliation has become over then better to take mutual divorce.
Maria Priya (Querist) 11 March 2013
Thank you for your responses.... We spoke to his wife & she also confirms that there's nobody in him life... only the reason she cites is that they are incompatible. anyway... Now he's moved out of the house but she's OK for him to come often to visit their son.


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