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Abhi (Analyst)     24 December 2010

Divorce needed .please help

Hi All,

Need your kind help for a friend of mine.She is married 7 yrs ago without the consent of their parents in Temple.Lady is an enigineer and after her marriage in order to make a better life for both of then she joined job and has a good earning.Husband is earning well too,but they are living away from other.Within these 7 yrs hardly they have stayed together for 1 yr(includes visits on occasions),Her husband has been accepted by his parents 6 yrs back  but the lady is not accepted and he takes no steps to resolve it.Their heads dont match and the lady asked his husband for divorce.He denies it saying that what the society will think of him.He is ready that though you live like this but divorce is not his choice.My friend wants to begin a new life leaving all these worries and tension behind.For divorce they discussed several times within the past 3 yrs and he agrees to everything and once the time passes by he remains the same and doesnt pay heed to wht he has committed.She is not willing to take any more chance as the time passes by,she cannot start a new life and has to lead her life alone the way she is staying.

Can u just tell me,what she can do,if husband is not willing to give divorce.



Learning

 3 Replies

S.N.RAJU (PA TO JUDGE)     24 December 2010

As per your statement the wife of your friend has no interest to lead marital life with her husband ie. your friend, in the circumstances it is very easy to take divorce. But your friend wants to lead marital life with her but she has no interest, subsequently she would file a petition for divorce but it will take much time for contesting the case as your friend has no interest to give divorce.  To my knowledge as per your statememnt in this case the wife has no interest to lead marital life, there is no use for contesting the case, normally the husband would not prove the fault of wife in the Court and that she would win the case after a long time. usually the husband has not proved the fault of wife before the court and that most of cases wife will win the case and can obtain divorce.  In the circumstances your friend shall mend his mind and start a new life by giving divorce to his wife.  Once a woman taken a decision she would not change her attitude.


(Guest)

"Their heads dont match and the lady asked his husband for divorce"

That cannot be a ground at present for seeking divorce.  The amendment is in parliament and if amendment is made of Irritrivable breakdown of marriage, then she can seek divorce.  If any other ground is available to her, like desertion for more than 2 years, she can file petition for divorce.

B.N.Rajamohamed (advocate / commissioner of oaths)     25 December 2010

Dear Abhi,

                   Please advice your friend not to resort to hasty decisions. She chose her life herself and her husband is also industrious to maintain her. At the same time there is no point of any harassment from the husband, then why she should take all the silly matters in to cinsideration and opt for this extreme end. Wait there will be a favourable atmosphere for a peacefull matrimonial life soon. Tilll that, advice her not to worry about it and divert the tention through the regular job.Life is precious and it is not a bed of roses ,it is full of marbles and muds. We have to accept and face every thing in life.  


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