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wifebetrayed (service)     15 December 2010

Divorce Law

1) What is minmum seperation required for mutal divorce. Is there a way out, if yes under what circurmstance

2) If there is no ground of divorce, can divorce granted on wimp and fancy of one partner.

3) If husband does not want divorce and wife does not want to return back. Can she seek maintainence

4) Can legally lie dectector be conducted to prove girl was not haressed and her family is lying

5) IF husband does not agree for divorce, how much time it would take for conested divorce.



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 6 Replies

Saurabh..V (Law Consultant)     15 December 2010

@Wifebetrayed

 

Marriage is such a sacrament which could be broken in this material world still cannot be broken actually. This is what are the recitals of our vedas says. Rest is your decision. See my answers as per your points:

 

1.) For mutual divorce both the spouse should live seperately for one year and then file for divorce jointly.

 

2.) There are suggested grounds as per the law, however it's the discretion of the court. The plea as per this point in your question does not exist in law. Divorce is a very big sin for both the spouses and is the last step of the marriage. Its a stigma for the society. As I already quoted that marriage is a sacrament, hence divorce could not be granted on such fancy pleas.

 

3.) The grounds for the wife to stay away should be justified. Just after marrying a person then staying away does not in any manner entitle a wife to claim maintenance. If wife wants maintenance then she should show that she wants reunion but husband wants divorce. Your's is an opposite case. Plea rejected.

 

4.) Lie detectors have been held unconstitutional by the Supreme Court even in criminal cases. In matrimnial disputes, its never used. Still the type of proof extended by the wife for divorce etc, should such that court could rely on them. Mere submission by 1000 persons would not turn a lie into truth.

 

5.) Contested divorce is generally the story for man. Woman generally are always heard on a higher pedestal and whatever they demand is generally allowed. Still it would depend on your plea and circumstances.

 

 

//peace

/Saurabh.V

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     15 December 2010

Minimum one year of separation is compulsory

not possible

in most of cases maintenance rejected.

not to be proved in India.. even in matrimonial cases

depend upon husband's defence and further action

1 Like

wifebetrayed (service)     17 December 2010

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dec17 (student)     17 December 2010

sorry little bit confusion in most of the cases maintainence granted or rejected

wifebetrayed (service)     19 December 2010

if couple have s*x 3-5 times in month, can this be consider impotency.

What medical test husband need to take to prove there is no issue with him. What remedy he has aganist his wife.

Avnish Kaur (Consultant)     20 December 2010

gr8 , this is latest definition of impotency . LOLZ


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