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Biswajit C (Senior Software Engineer)     21 December 2011

Partners staying seperate without divorce

Hi. According to Hindu marriage law, is it possible for a husband to leave seperately from his wife, due to problems between partners and wife not agreeing for a divorce? Thanks.



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 14 Replies

Ratnesh kumar (Advocate)     21 December 2011

yes but for that also u have to file a matrimonial for judicial sepration..

Manav Kalia (Arguing my own cases..)     21 December 2011

Does one year of judicial separation not become grounds for divorce?

Shantanu Wavhal (Worker)     21 December 2011

if wife has no objection, husband from stay away from her.

wife is entitled to raise objection for unlawful / illegal separation by husband.

its wife's right to live with husband.


Judicial separation serves the purpose lawfully,

Manav Kalia (Arguing my own cases..)     21 December 2011

What about husband's right to stay with wife. Can wife deny the right to stay with her to the husband as long as they are married?

Shantanu Wavhal (Worker)     21 December 2011

Does one year of judicial separation not become grounds for divorce? 

judicial separation is not equal to desertation.

during judicial separation, the status of husband and wife is - Married Legally.

What about husband's right to stay with wife.

same as that of wife's right.

Can wife deny the right to stay with her to the husband as long as they are married? 

no. wife can not deny to stay with husband, unless & until she has strong grounds to do so.

Shantanu Wavhal (Worker)     21 December 2011

as per HMA, 

 

10.       Judicial separation

1[(1)     Either party to a marriage, whether solemnized before or after the    commencement of this Act, may present a petition praying for a decree for judicial separation on any of grounds specified in sub-section (1) of section 13, and in the case  of a wife  also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]

(2)       Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of statements made in such petition, rescind the decree if it considers it just and reasonable to do so.

 

COMMENTS

Where the wife deprived her company for two and a half years and for this there was no fault on the  part of husband it was held that it indicated the disruption of marriage and it would be ridiculous to allow marriage to survive.- Ratneshwar Misra v.Prem lata Devi1987 (1) HLR  255.

Petty domestic quarrels, cause being the presence of mother in law in the family, cannot be treated as mental cruelty.-Yashoda Dai.v.K.B.Kalavkar AIR1992  Kar 368.

In spite of the fact that both the husband and wife are living under the same roof, there may be a case of desertion when there is positive evidence exhibiting neglect, indifference or overt acts of estrangement on the part of one.-T.k. Chatterjee v.Kamala Chatterjee AIR1989 Cal. 74.

rajiv_lodha (zz)     23 December 2011

Originally posted by :Biswajit C
"
Hi. According to Hindu marriage law, is it possible for a husband to leave seperately from his wife, due to problems between partners and wife not agreeing for a divorce? Thanks.
"

Mian Beewi Raaji Toh Kaya Karega Kazi

If husband & wife agree 4 such a pact & nobody raises an objection among them both, it will work. But remember, they are MARRIED for legal aspects!

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

Yes, JS is a way out

 

And One year JS is an independent ground of divorce.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Manav Kalia (Arguing my own cases..)     24 December 2011

And one party can file for JS, even though other might not agree? @ shonee , thanks..

Shantanu Wavhal (Worker)     24 December 2011

@ mirage, 

JS will be granted depending upon the merits of the parties.

Manav Kalia (Arguing my own cases..)     25 December 2011

Thanks buddy @ shonee
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

Welcome Mirage.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Biswajit C (Senior Software Engineer)     29 December 2011

@all, thanks for all your suggestions...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

Never mention Biswajit.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

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