Sunjai Goenka 16 March 2024

Divorce proceedings

A girl has filed a case in family court under Special Marraige Act, for divorce in July 23. The counselling is done and 2 dates have passed. Next date is fixed for arguments. Now, in Feb 24 the boy has filed a restitution case under section 22.

There is no child in 7 years of marriage. The girl says there is no physical relationship. The boy and his Mother have taken monthly money in 7 years for expnses. The Boy is also having job. The boy doesn't give any money to the Girl. She earns in job. The boy is short tempered, dominating and has done domestic violence many times. The Mother doesn't stop the boy or explain to him. Father of the boy has expired.

Please guide and advice if court will grant restitution, and how much time case may take for decision.The girl has refused to go back and wants divorce. The Boy is 42 years and girl 34 years.

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Quick Summary

A woman has filed for divorce citing cruelty and desertion after 7 years of marriage, with no children. Her husband has since filed for restitution of conjugal rights. The wife refuses to reconcile due to alleged domestic violence and the husband's controlling behaviour. Despite the husband's resistance to mutual divorce and a history of job loss due to his temperament, legal advice suggests the wife has a strong case for divorce, and even if restitution is ordered, she cannot be forced to live with him against her will. The case is progressing through court, with cross-examination underway and a recommendation for a witness affidavit to strengthen the wife's position.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 17 March 2024

Since the girl has filed divorce on the grounds of cruelty (and desertion also?) and has merits on her side, then she may expect to get a favorable decision.

In case the court passes an order granting RCR then also she need not be worried because there is no law to force her to live with him together against her willingness.

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Sunjai Goenka 22 August 2026

Respected Adv. T. Kalaiselvan,

Thanks for the reply in March 2024. The case has proceeded and, with court delays as usual, the girl's cross examination is over. Our respected Adv. has asked the parent either Mother or Father to file affidavit and get cross examined by the boy's lawyer as it is better to have a witness who has seen the Boy's behaviour in front of the girl.

The girl's lawyer says its best to have atleast one witness and get cross examination done as then the court will have a proper court proceedings record for future in case the Boy proceeds to high court in event of his failing to get restitution. Boy doesn't agree to mutual divorce due to ego, social family issues, and mentality of revenge. He enjoys harassment. He has lost jobs every year due to bad nature. Surprisingly boys lawyer has told him to finish this mutually as there is nothing left in the marriage. He is adamant.

Please guide.. Thank You