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galsober@yahoo.co.in (def)     13 August 2008

Can Husband Take Divorce?

Husband & wife married for 5yrs; both employed; have kid-3yrs age; family living in wife's native city. Her parents interfered a lot, wife had almost NIL respect for her husband & kept on taking help of parents, brothers to humiliate him at every possible platform. Distressed husband has transferred his job to his native city & shifted there. Wants wife & kid to live with him. Wife not ready, rather spitting venom. She is  not worth to live happily in his house now. Can such a humiliated & deserted husband seek divorce from her. What are the risks ahead (false dowry cases, child custody,maintainence, physical injury etc). Please advise the right steps so that he is out of the hell!



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 16 Replies

ca.bhupendrashah (FCADISA)     13 August 2008

ya

Srinivas.B.S.S.T ( Advocate)     13 August 2008

Sir, its easy for him to get out of the
hell after facing some humiliation or shelling some hard earned rupees
by way of a compromise. But let him think of the child, what offence he
committed? If a couple cannot live together they dont have right to
conceive and bring innocent children into this world. Dont you think
that the kids are the major sufferers in this scenario.

RAM DEO KAKRA (ADVOCATE )     14 August 2008

NO HEAVEN FALL,SOMEONE RESIGNED FROM SERVICE AND LOOKAFTER THE WONDERFULL GIFT OF GOD, BABY, EXPERIMENT IT FOR 3 MONTHS AND AGAIN COME TO US AFTERWARDS

Srinivas.B.S.S.T ( Advocate)     14 August 2008

Sir I didnt understand your reply can you elaborate the same please.

Ajay kumar singh (Advocate)     14 August 2008

There is no legal bar for the husband to obtain a decree of divorce.

GOPI KRISHNA (ADVOCATE)     14 August 2008

based on facts stated by  you the husband is entitled for divorce, as for the child, the husband has to thik before going for divorce, also he has to mentally prepare for maintenence and dowry harrasment

Mohit Attri (lawyer)     14 August 2008

husband can file a civil case to enforce the wife to live with him....if wife refuse to live wid her than it is a sufficnt ground for divorce.

M.A.T.Ganesan (lawyer civil &family laws)     14 August 2008

husband can file an aplication for divorce toget freedom from mental torture & agony *get custody of child for his proper education to meet this copetitive world

Shweta Bharti (Human Resource)     14 August 2008

There are two approach to solve the problem


Classical step is restore the marriage. He can apply for the "restitution of Conjugal Rights". The wife will be forced to live in the conjugal house with the husband. Rest of the thing , like interference of inlaws etc, is part and parcel of every marriage, the husband-wife handles it tactfully. If it is too much then also keeping in mind the welfare of kids and conjugal life , I would suggest the husband to handle carefully. He will find solution


 


2nd Solution is of Divorce , that I don't personally advocate. But if all ways are tried out and the marriage has come to irretrievable breakdown then either husban or wife can apply for divorce on the ground of mutual consent or in the present case cruelty( Under clause (ia) of sub-section (1) of section 13 and under sub-section (1) of section 10 of the Hindu Marriage Act, 1955  cruelty is a ground of divorce)


 


shweta Bharti

Shweta Bharti (Human Resource)     14 August 2008

if the marriage has come to irretrivable break down and cannot provide the conducive environment where kids can grow to a healthy human being divorce is an option. Lingering to a sick marriage can mentally harm the growth of children also


Divorce by mutual consent


or 13(i)(ia), if the party has, after the solemnisation of the marriage , treated the petitioner with cruelty (mental or physical) he/she can apply for divorce

SANJAY DIXIT (Advocate)     14 August 2008

There are many grounds available for divorce.
But where there a issue, spouse should make up the mind for the issue first.
I don't understand ; if the wife is not willing to join the husband then why divorce by husband?
Try to resolve the problem in view of minor child otherwise first file the case for restitution of conjugal rights.

galsober@yahoo.co.in (def)     14 August 2008

Thanks everybody for replies.


First of all, its not the sole responsibility of husband to think about the child. The abusive wife & her parents shud also show some sympathy to child's future & give the husband breathing space & due respect.


As far as legal remedies are suggested, please somebody clear the air:


1) In this case whether husband/ wife/both can file 'restitution of conjugal rights'?


2) In my knowledge; wife can entangle him in(i) false dowry cases (ii) maintainence case (iii) mental harassment. Upto what extent these allegations can trouble him? Do these allegations require some solid grounds/evidences or can be used as easy tools to harass s'body.


let me remind that wife is earning from a pvt job; husband is now living separately in different city; wanted resolution if wife moves to his house, gives him respect & her parents stop interference.


Futher clarifications if saught are welcome. Kindly do help...!

Shweta Bharti (Human Resource)     15 August 2008

Dear


Husband/wife/ any one can apply of restitution of conjugal rights


she can ask for maintainance . You will have to prove that she is earning can earn. If it is False dowry case not real then no actual threat. Mental harassment is difficult to prove .


If you are all set to awail  the legal remedies then justice will prevail. But no body can tell you about time, money and mental harassment  involved


shweta.

Rajesh Kumar (Advocate)     15 August 2008

I fail to understand as to why the husband needs divorce- after this experience he must not be thinking of marrying again.


and with this experinece may not looking for restitution of conjugal rights either.


Why to file a petition in the first place- live happily and enjoy your singlehood. SINGLEHOOD IS BLISS.


On the facts stated, in any case you will not get divorce.

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