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Abracadabra (Magician)     22 May 2010

Divorce Contest

I have applied for divorce after a separation period of 5 years. In this period i tried to reconcile but no success. In her letters (in initial days after separation) she alleges that i have treated her with physical and mental violance. There is no police case nor any hospital records to support her allegations. The lawyers say her allegations are of wear and tear nature. Now i have demanded divorce. She is neither coming back nor giving divorce. She has huge set of conditions for coming back which i cant fulfill. moreover i dont feel secured accepting her back.

I would like to amicably solve this matter. But apparently she doesnt seem to be interested in resolving it. We are yet to be councilled. Will the councillers help me to persuade her for mutual consent. what will happen if the councilling fails and it proceeds to be contested? Even if i am not granted divorce, will i be forced to stay with or accept her? I am very insecure to live with her.



 2 Replies

Guest (Guest)     22 May 2010

Is there any power in the world which can force any aggrieved person to forcefully live with his/her estranged spouse.  If court passes the decree of restitution of conjugal rights in response to her petition, you need not to comply them and after one year move the court for divorce.  If she files judicial sepearation, you can enjoy life with half-freedom and after one year of passing of decree, you can get full freedom.  If she files mutual consent divroce petition, accept  it and enjoy divorce decree.  If she files divorce under other provisions of Section 13, do not contest her petition and let her get the divorce decree and enjoy yourself.  I cannot understand for what you are worrying.  As long as you do not want to live with her, your wish will be fulfilled.  The problem is with that person, who wants to live with his/her spouse and not vice-versa.  Courts are helpless to force the estranged couple to live together. 

Unbiased Advice (Advocate)     22 May 2010

Very well explained by Mr.Prabhakar, this is the real reply which is unbiased and absolutely Legal, you would not get better explanation then this, Mr.Abracadabra have fun!!!!!!!!!!!!!!!!!!!!!! 


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