Upgrad LLM

can any court force a husband to stay with his wife ?


can any court force a devorce seeking husband to stay with his wife where wife is not agree for divorce ?
 
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No, no Court can.

 
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Scientist/Engineer

Divorce seeking or otherwise a husband or wife cannot be forced to live with his/her wife/husband. In the event of refusal to live with, it can be a gound for seeking divorce.

 
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In the above mentioned case what would be court order to the husband maintenance or alimony ?
 
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In the above mentioned case what would be court order to the husband maintenance or alimony ?
 
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The Hon'ble Court may order the husband to live separately from the wife when a Domestic violence case filed or may asks him issue security bonds towards the safety of wife. 

In case of divorce case, Court may grant divorce and order spouse to get separate from other spouse. If husband violates this then thats a crime and case may get registered if wife complains.

              And in divorce case, if court not granted divorce and case dismissed means the parties can live at their wish. Court can not force either wife or husband to live together.

COURT  CAN ONLY ORDER TO LIVE SEPARATE OR GET SEPARATE.

To live together the parties have to decide. miya biwi razi tho kya karega khaji. 

ANOTHER SIDE EFFECT OF SEPARATION towards Husband is monthly maintenance to be given for wife.

and the side effect towards wife is "incometax-free" monthly income by means of maintenance and QUEEN like life without any control or harassment

 

 
Reply   
 

The Hon'ble Court may order the husband to live separately from the wife when a Domestic violence case filed or may asks him issue security bonds towards the safety of wife. 

In case of divorce case, Court may grant divorce and order spouse to get separate from other spouse. If husband violates this then thats a crime and case may get registered if wife complains.

              And in divorce case, if court not granted divorce and case dismissed means the parties can live at their wish. Court can not force either wife or husband to live together.

COURT  CAN ONLY ORDER TO LIVE SEPARATE OR GET SEPARATE.

To live together the parties have to decide. miya biwi razi tho kya karega khaji. 

ANOTHER SIDE EFFECT OF SEPARATION towards Husband is monthly maintenance to be given for wife.

and the side effect towards wife is "incometax-free" monthly income by means of maintenance and QUEEN like life without any control or harassment

 

 
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Scientist/Engineer

The court order will depend on what exactly the wife seeks in her submission. If the wife seeks restoration of conjugal rights, the court may order it. But it is unenforceable. If it is a case of desertion by the husband, the court can order maintenence under Cr.. P..C. I think it is 125.

 
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An Application for Restitution of Conjugal Rights forces an unwilling spouse to commit a YES or a NO so that the time of the willing spouse is not wasted.

 
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