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Mrs . Shanta Rani (Housewife)     24 November 2013

Grounds to seek divorce

My friend has been married for more than 23 years and has a grown up son who is 21 year old.

My friend recently lost his job and has not had any income for the last 4 years. Now, his wife wants divorce and is threatening him to agree to a mutual consent divorce and divide the existing property where they are staying or face divorce through filing of false cases against him

My questions:

After so many years of marriage can his wife file for divorce

If so, under what grounds

Can my friend refuse to give divorce

If so what does he have to do

Will he have to pay maintenance when he has no job and is living out of his sayings and taking care of the family needs. This too despite his wife having a healthier Bank balance

How can my friend protect himself that he does not get entangled in false case




 3 Replies

Sandeep Naik (Advocate)     24 November 2013

Respected MADAM

FILING A FALSE CASE FOR DIVORCE IS NOT A JOB OF THE ADVOCATE IF HE IS LOYAL TO THE PROFESSION. The wife perhaps may not be happy with the irregular income he is getting. Wife knows the problem of getting divorce and so she is insisting on mutual consent divorce. There is no limit for filing divorce. U remember Shaha Bano 's case ? Seek it on net. He may refuse to pay maintenance to wife on basis of her bank balance and his shaky position of job and income. However, my sincere advice to u to be a mediator and do a blessed job of saving the marriage. U may find from the wife where the shoe is pinching  .  Ask both of them to leave separate for few days/months or even a year to realise their emotional need as husband and wife and make compromise themselves. Our society needs healthy bonding. Still if u need my advice do free to contact me on my mobile on 9967056980 . I am practicing in Bombay High court. Regards. Adv. Sandeep Naik

laxmi kant joshi (instructor)     24 November 2013

1. there is no age limit or years of marriage solemnised required to file and get divorce . 2. yes your friend refused to give her divorce 3. why your friend is not working , how he is managing his expenses of his house and daily routine . 3. what about his son what he is doing , if he is studing or doing any course for his bright future then how he(your friend) is fulfilling his sons fee & other expenses .4. is your friend addict of taking liquor and other psychotropic substances or drugs etc.5. Why his wife after living so many of years with him all of a sudden wants to get divorce from him . 6. You have written that his wife has a very healthy bank balance , how did you know , have with you her bank account detail and others source of income etc. 7. had they ever fought before and the matter goes to the police station? pl. specify 8. i suggest you to please tell your friend search a job for him , do some work only then respect will get , sitting idol without any work everyone feel ashamed , same her wife feels for seeing him . 9. you took part of a mediater and work as a good friend to join them after giving strengthen of their better future as well as their sons .

Advocate Ashok Kumar (Counsel)     25 November 2013

Dear Shanta,

There is no time limitation on when one can file for divorce. So even after 23 years, a divorce petition will be allowed.

Grounds for divorce include Adultery, cruelty, desertion, conversion to another religion, mental disorders, leprosy, venereal diseases, renunciation of worldly affairs, non resumption of cohabitation and presumption of death. Further, only the wife can file divorce petition if husband has indulged in rape, sodomy or bestiality, bigamy, there is no cohabitation for one year and the girl was below the age of 18 at the time of marriage. Your friend can refuse to give a divorce to his wife, but a court can order you to go for a mediation session, which will be compulsory.Your friend may have to pay maintenance based on his income. The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors governing the maintenance amount. It can also depend on how well the lawsuit has been fought by your advocate. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. The Supreme Court has also held that a wife is entitled to the same standard of living that she enjoyed while living with her husband. So that precedent may also be a factor in deciding the maintenance. Your friend can protect himself by engaging a competent and reliable lawyer who can provide advice as the situation progresses.


Advocate Ashok Kumar;

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