Wife is not ready to give divorce
ks
(Querist) 15 July 2014
This query is : Resolved
Dear Sir,
In case of cousin, wife is not ready to live together after she went for delivery, she didn't come back. She delivered a baby girl. Main reason of not coming is cousin ask her to leave her job but she is not willing. Apart from that there are so many difference of opinion and now cousin also don't want to live with her. They had a marriage before 3 years. But since last 2 and half year she is at her parent's home.
Both are of age group of 40-45 years. Family meeting etc done but all in vain. From common friends, my cousin came to know that she is determined not to give divorce but at the same time don't want to live with him.
All lawyers said to my cousin that once you file for divorce she will ask for maintenance for herself and child. And if she is determined not to give divorce, then she can easily stretch this case upto 8-10 years in our legal system by appealing to higher courts.
RCR also won't help as now if she comes, he don't want to live with her. [She had already filed a false police complaint against him, which police didn't entertain because of the wrong allegation apparently any one can assess.]
Is there any other way out ?
V R SHROFF
(Expert) 15 July 2014
Any marriage after the age of 40, create many difference of opinion .
[We have proverb, delicate and small tree can be bent , become adjustable, but once it grows, it cannot adjust]
That was the reason, in old days, they used to get married at younger age.
Whatever advised by those Lawyer is 100% correct.
Way out is accomodate each other; do not fight , do not spoil relations,WAIT AND WATCH WITH CALM MIND, PEACEFULLY FOR EXACTLY 6 MONTHS. NO BAD COMMENTS.
Afterwards, both must sacrify their ego, their liking and disliking, respect opp party wish and will, and unitedly live life, It will become sweet , happy married life.
ANY OTHER ACTION WILL BRING UNHAPPINESS ONLY.
Rajendra K Goyal
(Expert) 15 July 2014
A practical advise by the expert VR SHROFF sir, agree to it.
ajay sethi
(Expert) 15 July 2014
these days after marriage ladies dont want to sacrifice their career . they have worked hard all their lives and once they have reached certain position in their career they dont want to stop working . best option is for husband to permit her to work . compromise is best solution
Nadeem Qureshi
(Expert) 15 July 2014
Dear Querist
if there is no chance for reunion and both the parties are willing to live without each other then first of all try to settle the matter amicable and if it is not possible then file contested divorce on cruelty and desertion bases as per section 13(1) of Hindu Marriage act.
She can claim maintenance from your cusin at any time till the 18 years of baby girl. so no need to worry regarding this.
ks
(Querist) 16 July 2014
One of his uncle suggested to go for a contract marriage (live in relationship) with other girl ( without filing a divorce case in this matter.). Though its very difficult in our society, can it be done legally ?
In above case for a baby girl maintenance can be claimed upto 18 years or upto her marriage ?
Raj Kumar Makkad
(Expert) 16 July 2014
Live in Relationship without seeking divorce from wife is a criminal offence hence the suggestion of your uncle is not legal.
ks
(Querist) 20 July 2014
(1)If again both have to unite, what is the solution that my cousin's properties [which he may acquire in future or get through inheritance] remain protected in case any such thing happens in future ?
Can he take declaration / affidavit from his wife that she surrenders all her rights in the property of her husband (owned or inherited - present as well as future) ?
Also there can be any declaration to surrender the guardianship of child ?
By above these two clause, indirectly my cousin can convert his present marriage to live in relationship ? ( They have not registered their marriage any where as of now. )
(2) My cousin is a practising C.A. He left his job during this period and started practice. His salary was very good and can not be compared with the practice. In fact, being C.A. its not so hard for him to show losses in initial years. How can court decide alimony amount ? Based on his past salary or based on his present losses ? And how alimony amount can be decided if he has loss ? [ Rest all his property is not on his name but on the name of her other family members.]
ajay sethi
(Expert) 20 July 2014
dont purchase any property in your name till divorce is granted . live in relation ship is illegal as you are already married .
court will decide maintenance payable to wife based on income of the husband .
Raj Kumar Makkad
(Expert) 20 July 2014
It is not advisable to think to purchase such property, the share in which can be demanded by your wife. Obtain divorce from her first.
ks
(Querist) 20 July 2014
Thanks all for your responses.
But I am still waiting for my questions :
(1) If they want to unite again, what declaration he should take from his present wife( like surrender of all the rights in any property) ?
(2) If they separate, What is the basis for alimony if he has a loss in the IT return ?
Raj Kumar Makkad
(Expert) 20 July 2014
1. If they want to unite, they can execute any MOU containing the mutually agreed terms.
2. If they want separation, the base of alimony shall be capacity of the husband and need of the wife.
