LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Simmi Khan   05 March 2018

divorce

my friend's wife left him and went with a less than 1 year old son 12 years ago. now when he is asking for a divorce she is demanding for a huge amount of money which he cannot pay. she has refused a divorce if not. for 1year he paid her maintenance but since she refused to come home she he stopped. he now wants to settle in life but he is stuck. please help!


 3 Replies

Vijay Raj Mahajan (Advocate)     05 March 2018

What he was doing for 12 years? What he did for his son for the last 12 years? Even if she was not coming back why he didn't move court for restitution of conjugal rights? All of a sudden after 12 years he's thinking of settle down and till now he was hanging outside marriage with other women? Issue of divorce is not easy at all without payment of huge amount of permanent alimony and for any settlement that sacrifice he has to give.

Kumar Doab (FIN)     05 March 2018

If both spouses wish they can join and spend their married life together.

 

The married spouses can seek divorce per provisions of personal law that applies e.g; Hindu, Muslims…

The courts examine grounds for divorce pleaded by spouse that has approached court for decree of divorce…..Both can contest in court and convince the court on grounds e.g; desertion, irretrievable breakdown of marriage etc etc

MCD is the quickest and easiest recourse…For MCD spouses have to settle the terms amongst themselves..on their own or thru elders, well wishers, counselors, Lawyers..The demand may come down..

Work out the options that are most suitable....

Adv Radhika Mehta (Advocate)     06 March 2018

Though the disapperance for 12 years is mysterious and has to be explained properly, your friend can file a contested Petition for Divorce.  However, it is possible that the disapperance may do his case more harm than good and his case may be dismissed if his wife contests it properly


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register