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Hypothetical case but need thoughts

Hi experts.

Since IRBM is going to become a law in near future I have a question in mind to share with you.

As per IRBM law husband & wife should live separatey for min 3 years

Now Suppose

both got married in india . living happly. husband got jot job in abroad on 3 years contract basis. He could not take his wife to abroad so went alone with wifes consent & could not come back to india within those 3 yrs due to some problem. but wife has no objection as she could understand his problem. But they were continusly in touch with each other by chat video call etc.

Now husband & wife had fight on some other isuue .& wife want to seek divorce & grab his property. then can wife seek divorce on basis of IRBM coz they r living separately since last three years & to pass divorce under IRBM court will see only three years of separation irrespective of their relationship in those three years. & the worst part is husband cant oppose her petition ?

So what will happen in such cases?


Pls reply


 3 Replies

sandykrish (Interested in Family LAW)     03 November 2013

Even our answers will be hypothetical. Every bodies answers will be correct and lets this become law and then supreme court will definitely intervene and paint the clear picture. Please be patient, either of spouse planning for divorce? please see a marriage counsellor. instead of a lawyer.

T. Kalaiselvan, Advocate (Advocate)     03 November 2013

Mr. Sandy Krish is right.  Do not grope in the dark for the present, wait the law to be enacted in its original form and then after perusing all the provisions incorporated therein, raise all sort of doubts you have in your mind.


But how & when can supreme court intervene in irbm once it become law ?

Pls clarify

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