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Dinesh mehta (fresher)     28 September 2010

NE law 2 help a husband seeking reunion of marriage ?

hi all,

i want reunion of my marriage as my wife wants divorce on very  negligible reason..
 grossly i know that even if husband don't want divorce.. indian courts will grant divirce according to wife's wish..

But is there any provision in law that husband court can compell court to give him atlast one chance.. to live again with his wife.. and give order to wife to stay with her husband for short period like atleast 1 month.. before getting divorce, so that husband can save breaking marriage..??



Learning

 12 Replies

Dinesh mehta (fresher)     28 September 2010

Sorry correction in words...

hi all,

i want reunion of my marriage.. as my wife wants divorce on very  negligible reason..
 grossly i know that even if husband don't want divorce.. indian courts will grant divorce according to wife's wish..

But is there any provision in law, that husband can compell court,  to give him atlast one chance.. to live again with his wife.. and compell court to give order to wife to stay with her husband for atleast short period ( like 1 month)..before getting divorce, so that husband can save breaking marriage..??

Adv Archana Deshmukh (Practicing Advocate)     28 September 2010

It is totally a wrong thinking that Indian court grants divorce just because a wife wishes so.   No, the Indian courts always attempts for reconciliation in any case, be it filed by a husband or a wife. The party who wants divorce has to prove the grounds. If you do not want divorce, you contest it deny all her allegations and request the court for send the matter to the councellor who will of course be appointed irrespective of the wishes of your wife. However, there is no such provision in law that husband court can compell court to give him chance to live again with his wife or give order to wife to stay with her husband for some period against her wish.  You can file RCR, the court will direct to rejoin the company of husband, if it is found that the wife is living seperate from him without any justified reason. 

1 Like

N.K.Assumi (Advocate)     28 September 2010

Many marriages can not make it even up to the 1st anniversary and discover that it was a terrible mistake and could not stand even the sight of their spouse. Either party  to such a marriage that is less than 12 months old can apply to the Court  for a  Judicial Separation on the same grounds as a divorce petition. The effect of a Judicial Separation is that you are no longer bound to cohabit. What you can pray to the Court is for Judicial separation for cooling period as a last resort to save your marriage.

1 Like

Jamai Of Law (propra)     28 September 2010

Dr Rumapm ji,

 

Your quote:............atlast one chance.

 

How many chances had you taken.............

 

please don't say such things in front of the hon. court......................that automatically suggests that wife must have given you many chances previously for the marriage to work.................. any reader can imply that.

 

there is no such provision in law

 

Take an example: If a man approaches to court saying that he fears about his life that wife may mix something in tea and give it to him to drink!!!!!!................If wife says to the hon. court that she wudn't do it........ please give one last chance to correct the whole situation !!!!!!

 

Put yourself at the place of the hon. judge..............

Arup (UNEMPLOYED)     28 September 2010

YOU PRAY FOR RCR IN REPLY TO YOUR DIVORCE SUIT. DO NOT WORRY IT IS ALLOWABLE. ALSO READ THE FOLLOWING.

Part and Parcel of RCR

 

IT IS NOT ALWAYS BUT YOU MUST BE CARFULL.

swatirswatir (learning law)     28 September 2010

agree with arup ji

1 Like

Jamai Of Law (propra)     28 September 2010

Hi Rupam ji I just sent you a PM. Go to your inbox and you may read it.

Dinesh mehta (fresher)     29 September 2010

Jamai Of Law it was actually spelling mistake..not atlast one chance but corect word was

ATLEAST One chance.. pls consider correct word..

Dinesh mehta (fresher)     29 September 2010

correction--atleast one chance jamai of law..sorry for mistake..

sajan (purchase manager)     29 September 2010

You are wrong Adv. Archana. By word it is O.k indian court  go for re-concilation, but practical always side with Abla Nari. She will get what ever she asked for. Huge maintanance even if she is working, child custody without visitation right. 498a, D.V etc.. etc.

Foolish indian judiciary.

 

Jamai Of Law (propra)     29 September 2010

Rupam ji,

 

You said ........... grossly i know that even if husband don't want divorce.. indian courts will grant divorce according to wife's wish...........Not always

 

'Keeechad me dhaasa hua har koi uuuus mein doooob nahi jataaa.........................Wohi doooooooob jata hai jo jyada ya galat tarike se................  hat pair hilata hai ..................

 

Have faith and patience...........be honest.................shed away your ego..........don't keep  attachment to end result............

 

Go to private councellor..................b'cos you pay them............................you don't pay to court councellors.......govt pays them ..........and it's the govt who sets the targets to them to clear off the cases.........Judiciary is already taking steps to reduce backlog (without increasing the head count of judges!!!! .......................then one may easily understand................ 'by which metherd?' the backlog may be getting reduced!!!                       India had tried in a similar way to curb on population growth a few decades back!!!  )...................................you shudn't blame them if they try also for amicable break-up..........it's not their mistake that ..............you both............... dragged the dispute till it reached to court........but still have faith

 

..........Law can't help you to save marriages.............law is meant to give relief to wronged party/victim................. on facts and evidence.

 

Dinesh mehta (fresher)     29 September 2010

i appointed private counsillers,, two times but my wife don't come to them even they personally called my wife  4 to 5 time.. every time i go to them but my wife don't come..

besides i tried social pressure to bring my wife back and number of her relatives also we counsulted..but she is never ready to come..she is asking divorce..and plus.. she asks for 25 lac rupess above it..

so i am helpless in court, as i want my wife back.. but she want divorce and asking for big money as well with intention to ruin me.. i have doubt that judge and her lawyer ( biggest lawyer in our city) and court clerk all have -milibhagat- and i i am afraid that i will get divorced against my wish and will be ruined..i am feeling like " murgi" waiting for halal..


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