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sanjeev pawar (service)     23 May 2012

Can the courts make either of the spouse to stay together

dear members,

i wanted to know if either of the spouse is unwilling to stay with the other, and is totally unwilling to accept any kind of reconciliaton or mediation, and has just made up his or her mind to get separated from the other, can the law forcibily make the other spouse stay together?, if suppose the husband has made up his mind that he does not want to continue his life with the partner can the court force him to stay? in the event if the divorce case filed by the husband in court gets lost. can he appeal to the court that he just doesnt want to continue with his wife. in such a scenario, what does the court do. besides monthly maintenaince what else does the court do? pls elaborate. thanks



Learning

 14 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 May 2012

No court can force one spouse to stay with the other if he/she is unwilling. Matrimonial relationship between husband and wife cannot be enforced by any court of law. If the divorce petition is dismissed then, appeal can be filed on available legal grounds & not on the ground that he just does not want to stay with his wife.  The court can dismiss the petition but cannot force him to cohabit with his wife. Besides monthly maintenaince the courts really cannot do anything in such cases.

1 Like

rajiv_lodha (zz)     23 May 2012

If hubby does not bother about paying maint amm + he is prepared to give separate shelter to the wife, he is free to live separate frm wife. No law of land will force him to cohabit with wife!

(Guest)

Is this possible that husband allow the wife to stay in his rented house and provide food and cloth but donot make physical relationship?

sanjeev pawar (service)     24 May 2012

@rajendra kumar......as per my knowledge, the husband can provide a separate shelter to the wife, but the wife should be willing to stay separately from the husband, also not having s*x with the wife does not amount to any sort of crime, and he cannot be penalized for the same, but it is a ground for divorce to the opposite spouse, i hope expert agree on my comment here.......thanks

Anonymouss (Software professional)     26 May 2012

Hello Advocate Rachna,

Please add me in ur frend list......Im not able to add u or send u personal message.....

My case is as below:

 

Hello,

I have filed the dovorce case against my husband under Domestic Violence. He is not willing to settle it mutually. I want to light out few major points related to my case as below: 1) he has harassed me mentally and physically during my near to 2 years of marriage courtship. He used to take control of my earnings and used to command me on almost everything 2)He used to abuse and beat me at times 3) Im residing separately from him since last 2 years 4)My passport and all other Qualification documents are in his custody and he hasnt returned it to me after my continuous requests 5) he has approached me many times during this separation period and tried to take me eith him forcefully 6)We have 2 housed - one in Noida (he is owner cum main applicant and Im co-applicant in its loan) and other is in Gurgaon in which Im owner and Main applicant of loan and he is co-applicant. Im willing to lodge FIR for my documents and his continuous tortures du to which i dnt feel safe. Please suggest on my case and also on the property matter i.e if i wud get my share in the property as he is doing all his efforts to put me aside from all the property. he has also sent me notice under restitution act to be united again however quoting points against me that I have been cruel to him and his family during my entire married period and allegated my parents to be the main reason for my marriage breakdown. Please suggest that weather my separation period will be considered and how long will it take for divorce!! Thanks in advance....

Please reply me on the personal message

Adv Archana Deshmukh (Practicing Advocate)     27 May 2012


Dear Anonymouss,

Please spell my name correctly........ its not Rachna, its Archana

Replied your query through pm as per your say.

Regards,

Adv. Archana 


(Guest)

No ..... Court cannot force or make sure that spouse stays with partner neither can ensure s*x between them !!

Infact all the cases which go to court ends up in separation and bitterness !!

sanjeev pawar (service)     07 June 2012

@adv archanaji....dear maam, thank you for your kind reply, however i would like to ask, as you mentioned that

No court can force one spouse to stay with the other if he/she is unwilling. Matrimonial relationship between husband and wife cannot be enforced by any court of law. If the divorce petition is dismissed then, appeal can be filed on available legal grounds & not on the ground that he just does not want to stay with his wife.  The court can dismiss the petition but cannot force him to cohabit with his wife. Besides monthly maintenaince the courts really cannot do anything in such cases.



with response to your above reply i would like to ask, if the husband has only one house and no sufficient means to buy or rent another house, and he doesnt want to coohabit with the wife, or vice versa, how is it possible to live separately, if the wife is admanant on living with him, and he cannot move out due to financial and other constraints, is there a legal way out of such a situation.pl,s reply

Karthiga   03 November 2017

Hi All,

    Kindly help me with my doubts. My parent forced me to marry this man. He knows that its a forced marriage. Still he is okey to marry me. We never had a physical relationship and I never stayed with him after 3 days of marriage. After 3 month I filed null and void since he started coming to my home(in my work place) and started bugging me to live him. My parents are not ready to suport to any of us now and they are not woried abt me now. 

During the marriage they took my phone where all the mgs (evidence that can prove that this is a forcible marriage) is lost. Now he has filed RCR on top of my null and void.

1) I ran away from home to stop this marriage - But they told me that my mom is serious and I got emotionally blocked and went back home.

2) The day before the marriage my friend called police to stop this marriage. but since the SI is not in favour of me and no one at my home is ready to suppport me  I didn't fight back hard.

I don't have much msgs to prove my innocents. Since he changed his no. and claims that its not his mobile no. I am worried that the mgs(Screen shots of those msgs- only few of them) that I have might not help me much.

He is scared because his area people started questioning him abt me and the marriage. Since his society will not let him re-marry(Its a Prestige issue too for him) and he is so scared of them.  So he is not ready to leave me. He thinks that if he drags this case way too long I will not get a chance to move on with my life and will live him.

1) Kindly let me know if I can win the case and also let me know what he can do if I Iose this case.

2) He is not coming to the court properly. one hearing he will come to court and for the next 2 hearings he won't come then he will come to the court for the fourth hearing.  He is doing this like a pattern to drag this case. He is planning to drag the case like this -- What can I do to get a quick divorce

3) We tried to talk with lawyer for  MC. But he is not ready for any compromise.

Kindlyhelp me with my case

Thanks

Kar

Adv Radhika Mehta (Advocate)     03 November 2017

1. From the facts narrated by you and going by your own statement that though your friend called the Police to stop the marriage, you did not fight back hard, your winning the case does look difficult as your husband may produce witnesses who will appear and say that the marriage ceremony went off without any glitches and that the bride was happy.  However, even if you lose this case and your husband gets the RCR decree, then also no one can force you to live with him. It is your choice. So work on bettering your case and do not fret about these things. 

2.  Bring his conduct to the attention of the Court. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 November 2017

The Court can not force to opposite party or the petitioner to stay and live with his wife/her husband, if the petitioner/respondent does not want to live with her/him.

 

the husband is liable to be pay maintenance if the wife is not able to maintain herself, apart from the maintenance the husband is duty bound to provide accomodation to her as per section 19 of the Protection of Women from Domestic Violence Act-2005. apart from the maintenance, the wife can also claim the litigation charge from him Unders ection 125 of Cr.P.C., or Under section 24 of Hindu marriage Act, if both the parties are hindu and there is any petition Under Hindu Marriage Act is pending except the petition for Mutual Consent divorce.

 

Feel Free to Call

Nadeem Qureshi Adv

9953809956, 9899686394

Karthiga   03 November 2017

2) The day before the marriage my friend called police to stop this marriage. but since the SI is not in favour of me and no one at my home is ready to suppport me  I didn't fight back hard.

-- This is because my brother emotionally blackmailed me infront of the SI and she didn't say anything about it and I am not able to fight back on top it.  --- does emotionally blocking out someone consider ok ????

-- Even he himself has threadened me that he will commit suicide and his mom will die if that happens. 

Incase if I fail this case how can I proceed further to end this?? --Kindly help me with this

 

Adv Radhika Mehta (Advocate)     03 November 2017

While I can understand your predicament, the Courts require proof.  Do you have enough proof or witnesses that can establish that you were forced into the marriage? As the friend who got the Police if she will come as your witness. 

If this case fails, you always have the option of going for Divorce but even that might not be too suucessful as you have, by your own admission, barely stayed with him. 

Karthiga   03 November 2017

"the friend who got the Police if she will come as your witness "-- In that case will that be consider as a witness ???

I have few other witness to prove that I was trying to stop the marriage.

 


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