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What happens when other spouse refuses to agree to divorce ?

Page no : 2

neel (self)     06 April 2011

Very bad! 

 

Lawyertrust ! you are misleading people,  using some western philosophy!

 

Above listed four issues are not the 'Heart' in the matter of divorce!!!

 

 

Probably these listed four issues are 'eyes', 'liver', 'kidneys'  etc of divorce!! (they are reusable parts of a dying body! but  once heart stops!, which may be donated, distributed or even snatched away!!)

Won't you wait unti the heart stops or not!!

 

But people (and counsels like you ) try to distribute, snatch, separate these parts well before before heart stops functioning or rather people concentrate on these parts instead of looking at heart of marriage!!

 

 

That's why probably even healty hearts succumb in the due process, dues to injuries caused due to amputation of eyes, kidneys etc from the body of marriage!!!

 

  

 

Thrust law group (lawyertrust)     06 April 2011

@ neel hmm ya u r right thaxs for correcting me somewhere i had gone on a wrong track......so neel what according to you think about my first question....??
 

Ambika (NA)     06 April 2011

 

My take on million dollar question : 

There is a big difference between life  at the time  and after marriage. If a spouse heads for a divorce, many factors play a role.

To enumerate a few: 

1. Sense of betrayal ( emotional, s*xual, economic) 

2. Sense of being used

3. Varying degree and nature of hurt, humiliation  one or both have  gone through the relationship

4. Subordination and domination 

5. Mental, physical, economic and s*xual cruelty

6. Opportunity cost if one spouse comprises for various reasons with the economic security that a secure career brings and another spouse rides the wave because of  it 

7. Social cost of divorce depending on the status of divorced men and women in a particular culture and society. 

8. Existence of child/ren in a couple's life. 

 

Hence the ceremony of marriage takes lesser time( because  generally these factors  are not there pre and at the time of marriage).   Divorce takes much more time, precicely because of the accumulation of  factors  mentioned above. 

Thrust law group (lawyertrust)     06 April 2011

very very bad neel

well neel i would like to tell something for sure that as u have said that i m misleading people,  using some western philosophy that is not at all true here the discussion is going on not to mislead the people thats not my work and western philosopy ur word does not suits here as divorce related issues r not in western or eastern part its all over ........  u can correct , suggest  bt cant blame .

Arup (UNEMPLOYED)     06 April 2011

One point i like to note here that :-

A marriage starts by the consent of both the parties. Therefore, if one of the parties withdraw the consent on marriage, thereafter  the marriage can not subsit in want (lack) of consent of both the parties.

1 Like

Arup (UNEMPLOYED)     06 April 2011

 " i m misleading people"

---   not misleading but leading.

Thrust law group (lawyertrust)     06 April 2011

@ arup yes for sure you r leading people as well as me ....

thanxs ....

keep continuing .......

VictimOfBiasLaw (Professional)     06 April 2011

 

but what is the reason to drag the case , why court doesn't approve divorce if any of the spouce don't want to live with his/her partner ?

My Q :

1. what if wife file false DV case ( not 498a ) u/s 18,19,20,22 and ask for maintenance ?
when there is no ground for DV and found that DV case to get money from husband ( as in 498a is boomrang if your case is fake ) , 
in this case what if wife can't prove DV ?

Can husband go for divorce ? is this a strong ground for divorce and court approve divorce ?


2. even if husband drag the case he has to pay maintence amount , so why wife sign on divorce she will enjoy this amount and drag the case ,

Don't Court understand this and approve divorce as husband-wife don't live together and husband is paying maintence amount ?

Sanath   12 July 2015

I do not agree with the opinion expressed by many lawyers in this forum. Divorce is not a solution to any problem. It is foolishness to think that 2nd marriage will bring happiness. It is important to make 1st marriage work at any cost.

One needs to understand that it cannot be determined whether marriage is successful or not until one is married for 75 years or more. So, simply get the idea of divorce out of your mind completely. It is not a good option at all.

Secondly, human mind keeps evolving everyday. Your spouse may hate you today but may hopelessly fall in love with you tomorrow and may again hate you day after. It is human psychology. One cannot apply for divorce based on temporary emotions which does not even last for 75 years. So again, divorce is ruled out completely. Make your spouse stick to you for atleast 75 years whether he/she likes it or not. Rest assured he/she will love you madly after a few years when he/she will realize that you are powerful and strong and will not allow them to escape marriage.

If your spouse files for divorce, contest it. Hire a good lawyer and tactfully handle the case. Make no allegations against your spouse and at the same time, deny all his/her allegations. Challenge your spouse's lawyer to produce evidance and a valid reason for seeking divorce. Convince the judge that you love your spouse and have not acted in a manner which threatened marriage in any way. Emphasize that marriage is not irretrivable and your spouse has no valid reason for filing divorce and has to fulfill his/her marital obligations.

Your case may drag for years or even decades but rest assured you will win the case. Your spouse cannot get a divorce no matter how hard he/she tries because he/she cannot provide a valid reason to court as to why they want to end the marriage. Meanwhile keep threatening your spouse that you'll file a case of bigamy if he/she tries to remarry. Trust me, divorce proceedings maybe painful but there is no bigger satisaction to see your spouse fall in line. Divorce is like war. Winning the case must become the purpose of one's life. There is nothing more fulfilling to see your spouse begging you helplessly for divorce and you denying him/her the pleasure. Blocking your spouse's 2nd marriage is more satisfying that you marrrying the 2nd time. Finally, there is no greater ego massaging than seeing a wandering spouse returning to iyou and apologizing for his/her mistakes and pleading you to take him/her back. Bingo! You won the game of life.

 

 

 

 


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