Divorce if spouse is improsoned

I think such grounds exist in the Parsi Marriage Act.

 

As per HMA no such grounds. However, Conjugal visits may be permitted. See :

 

https://indianexpress.com/article/india/india-others/prisoners-have-right-to-conjugal-visits-hc/

Good Article Hardeep. 

There is no such ground as per law.  But if you do not have any children, the only way left for you to have a child from the husband who is in jail, you have to request the state government.  The state government may permit or may not permit, it is the descretion of the court. 

Thanks experts for the reply. OK for the conjugal rights, but if the wife is completely dependent on the imprisoned husband for her financial needs, then also she can not get divorce? How court will let the wife to starve while husband is getting the basic needs in jail? So the wife is indirectly punished for the fault done by husband?

Thanks experts for the reply. OK for the conjugal rights, but if the wife is completely dependent on the imprisoned husband for her financial needs, then also she can not get divorce? How court will let the wife to starve while husband is getting the basic needs in jail? So the wife is indirectly punished for the fault done by husband?

Thanks experts for the reply. OK for the conjugal rights, but if the wife is completely dependent on the imprisoned husband for her financial needs, then also she can not get divorce? How court will let the wife to starve while husband is getting the basic needs in jail? So the wife is indirectly punished for the fault done by husband?

Sir, She can ask the court to take mutual consent if he is ready then she can ask the court to present him for recording his statement on both the motions .... Or get the statement recorded through the jailer .... Warm Regards Kapil Chandna Adv 9899011450

Mr.Kumar Do U want the details for academic reasons or for a solution to the problem of the wife., 

In respect of your query relating to financial needs i.e. food etc, you can file maintenance case against your husband.  The court will attach his properties movables or immovables and allot the same to you towards maintenance. 

 

Alternatively you can also file maintenance under Sec. 125 of Cr.p.c. which will be an additional amount to the above maintenance. 

 

Nobody has tried for divorce under this ground till now  i.e. husband jailed for 7 years, you are abondoned without conjgal rights and other rights.  You better appoint senior advocate and fight the case.  You may win the case and the judgement will be a weapon useful for other victims. 

This particular reason for divorce is not mentioned in any of the divorce acts,except in the muslim marriage and divorce laws. Even in the Indian Divorce Act 1869 this aspect has not been mentioned. Only sections relating to husbands whereabouts not known ,or desertion for a period of 2 years are  taken into account. Imprisonment for a period of 7 years or more  does not constitute valid reason for divorce and I presume, the convicted husband will not  agree  for MCD. Hence the chances for divorce for this particular query are bleak as per law.

Thanks again for all the replies.

As I said in my initial post this is an imaginary situation. This query raised when I was discussing with my friend regarding divorce. I could not find answer anywhere, so I put it in the forum.

It is strange that no one has been in such situation. If this situation is real, I feel pity for the wife.

Don't use your imaginations in this forum, this is not a place for such things.U would be wasting valuable time of the experts. 

Purely academic query, does not deserves any answer.  The querist is wasting the time of the experts here. If there was such a situation there is nothing stopping the wife to go for divorce against the convicted husband on the grounds of mental cruelty due to his conviction facing the insults of society due to this.

Similar query is also discussed at;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=146664&offset=1