Aditya Kumar (Small Proprietor) 10 December 2016

Can judge force husband to keep wife ....

I had filed divorce case against my wife.....I had Video & Audio recordings of her troubling my family,but the court refused to accept any of those.. after which the judge asked me to pay maintenance of her & her daughter(child from pevious marriage) which i refused to because I am not financially very sound. Then the judge asked me to take her alone( Without daughter) to my house and keep her for a week, which I agreed on the insistance of my advocate. But she came with her daughter and now does not wishes to go whereas she is not taking care of my family.

i donot want to continue the marriage....My query is Can the judge force me to keep her in my home ?If not then how can i ask the judge to order her to leave my house... kindly guide....

Reply Follow

5 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 10 December 2016

No. Under HMA, in divorce petition, the judge cannot force the petitioner to take back the wife. But he prevailed upon you and your counsel by persuasing power. If your divorce petition is pending, continue to persue it while wife is staying in matrimonial home. You cannot throw her away from matrimonial home and if you do so with muscle power, she will file domestic violence case. So, take up the divorce case seriously and try to succeed in it.

1 Like

Kumar Doab (FIN) 10 December 2016

Insistence of your own counsel and pursuasive power of Judge worked.

As suggested by Mr. Samarpan 'take up the divorce case seriously and try to succeed in it.'

1 Like

Aditya Kumar (Small Proprietor) 10 December 2016

So what should we say at the court so that the judge asks my wife to go back... Aas she is now adamant in staying at my place

Aditya Kumar (Small Proprietor) 10 December 2016

So what should we say at the court so that the judge asks my wife to go back... Aas she is now adamant in staying at my place

Ms.Usha Kapoor (CEO) 11 December 2016

UNDERSTAND THAT JUDGE IS TRYINGTO MEDIATE BETWEEN YOU AND HER. HE GENTLY STOKING YOUR OLD FEELINGS O F LOVE AND OTHER GENTLE EMOTIONS WHICH YOU HAVE HAD TOWARDS EACH OTHER AND TRYING RAPROACHMENT FOR YOU BOTH. BUT NO ONE INCLUDING THE JUDGE CAN'T FORC DOWN THINGS YOUR THROAT IF YOU ARE DEAD AGANST BEING LIVING TGETHER AND WANT DIVORCE ONLY AT ANY C0ST. NEXT HEARING YOU TELL THE JUDGE THAT I WANT DSIVORCE AT ANY COST . /FO RALL PRACTICAL PURPOSES THIS MARRIAGE IS OVR. IFYOU APPRECIATE THIS ANSWER PLEASE GIVE ME all my profile likes.

1 Like