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Sunil Sharma (Consultant)     04 September 2012

What if divorce is not granted?

Dear Ld. Members, 

I have a query.  A spouse files for divorce, and it is contested by the other party. At the end, the court does not grant the divorce. Even after appeals in higher courts, the divorce is not granted. What happens then?  

(a) Are the wife and husband bound to stay together? Can Court pass order to that effect? 

(b) Can the court force them to cohabitate? 

(c) What the sposes can do? 


 11 Replies

Sanjeev (Lawyer)     04 September 2012

Court cannot ask them to cohibit together nothing can be done. 

Tajobsindia (Senior Partner )     04 September 2012

I agree to both @ Sanjeev and @ Ashish; BUT

When the Appeal is presented before HC at that time pray for sending the parties to HC mediation and get over with somehow managing at the end a 'divorce' via some realistic / un-realistic mutual settlement if that is what was hindrance till lower Court stage all these wasteful years of either spouse.


If that is also not agreed by her side then admit SLP before Hon'ble SC and again submit there to send parties to SC Mediation there they have worldly wise seasoned mediators who will hear both sides with grandmasters vision and 'fix it" and make her / her side understand there is no point living life without “divorce" as there is complete breakdown of your and his marriage.


If that is also not possible then to all your three questions I concur nothing much can be done and you and her lives are spent living apart rest of your lives with no solution until some divine bolt out of the blue strikes and adamant party bends knees finally.


Well finally if that was also was not one of the visions meant to happen, then if you are male then go get re-married and quickly produce a child out of such “cheating in marriage”. Now what will happen is “she” ought to put a complaint but then Court will see the previous histories of parties right from trial Court to Hon’ble SC and also hear a weeping “illegitimate child” in Court room tagged by ‘humble looking saddened face second wife” that is where softer “punishment” will be granted with decree in divorce in exasperation by Lordships (to protect second marriage and THAT child) and case laws are there to substantiate this summery for men’s eternal solutions to problems they themselves created to begin with!

Flip above summery solution offered to men’s having grand experience with brush with divorce Laws for 'n' number of years with no solution in hand, now if you are a simpleton woman and “he” is adamant not to allow your divorce dreams till date then simply run out of the HOME and live with another man as per your ideal dreams. Let earlier husband file a complaint case. Now ld. Court will respect your “new gained status” and shall not only grant decree of divorce from first husband and tell you proudly “you are not a consumer product” to be retained for eternity by first husband! Case laws are there to substantiate this summery for woman’s solutions.

Summing up; that is why I say here, it is better to seek decree in divorce than living a life of 'separated tag' as such 'status' is not the solution to respective spouse long term marital problems and it is not that I advocate 'everyone should be divorced" and/or “I encourage adultery/bigamy here” and/or “I advocate live-in here” which selective few time pass writers here often do mischief of misconstruction of my practical (based on already decided case laws) based solutions thereof. 

Now if anyone of you pundits and punditians have a legal as in “case law based solution” to the eternal problem of either spouse other than the two I pointed at please note I am all ears to just hear them out and correct my alleged Igyan henceforth

Some years back the then Lordship Hon'ble Katju commented "look left - look right….." and thrown out a Air Force officers 12 years old divorce blues out of the SC Court room No. 6. I still respect his then wisdom and still remain inspired by his grand masterly comments in open Court Rooms on and off, BUT I was thinking, I would love to politely seek "social" remedy the next time I stumble upon the then Lordship in one of the Iftar parties in Delhi who now is a public figure as "solution out of the book" to 1 till 3 questions of alleged queriest in generic terms as the clear legal answer to queriest three questions are is in big NOs' and may submit - is it not "cruelty" to bond spouses eternally when either or both donot want to remain bonded in marriage vis-à-vis the alleged solutions I offered which were infact based on decided Case Laws of various States HC's as in above which can be controversial bare reading wise but when there is no other clear solution in hand what incompatible spouses are supposed to do in so called social India !!!!!

1 Like

MS (CEO)     04 September 2012

Bow to you...Tajobs!!! Always look forward t your replies for sound and practical advice and solutions!!

rajiv_lodha (zz)     04 September 2012

@ Tajob!

In one of previous related threads u have advised to have live-in & do not produce child..............but its other way round in this scene. Is there some fine difference we cud not understand?

Sunil Sharma (Consultant)     05 September 2012

@ Mr Sanjeev, @Mr Ashsih, @ Mr Tajob

Thanks for your advice and comments. 

That's the fate of a divorce case -- if one party decides not to live with the other one, no court can force the spouses to stay together!. In between, the spouses have lost their precious time, money and energy in slinging mud to each other and making efforts and hatching plots to involve police and society !!! At the end, they will not live together!!! It is indeed a mockery!!

I feel that the very fact that a divorce is being contested and particularly in the written objection to the divorce petition if the respondent makes counter  charges aginst the petitioner, it is tantamount to total breakdown of the marriage. The petitioner has made allegations in a divorce petition but the respondent has refuted those allegations and made other sets of allegations either in the written objection or through different cases against the 1st party; it means a total breakdown - if you accept allegations of either of the parties in totality or partially. It should lead to quick divorce to be granted by the court!!! 


Ranee....... (NA)     05 September 2012

After going throug tajobs post I am feeling divorec is the most useless thing in the judiciary..Tajobindia is requested to add this reply in his homepage .

Tajobsindia (Senior Partner )     05 September 2012


Originally posted by : Ranee.......
  After going throug tajobs post I am feeling divorec is the most useless thing in the judiciary..Tajobindia is requested to add this reply in his homepage  



Divorce in Judiciary is the biggest cash cow for three sections of public tailor made for all those ring side spectators - entertainment....entertainment....entertainment;


– National average files 24
(to husbands RCR or Divorce) otherwise S. 125 CrPC + DV Complaint + S. 498a n S. 406 + S. 3 and 4 DP + TP (civil or crl.) = minimum 4 or 6 cases.

Husband – National average files either RCR or Divorce + GWA (if child out of wedlock otherwise forget it) and if he ever stumbles upon Men’s Rights Groups then get enlightened and files S. 340 other than that what options he has NONE (few RTI’s but they cost only Rs. 10 as IPO fees
) = minimum 1 or 2 cases.

I have not counted Appeals (respective) from above bare minimum that happens if any. 

Cases whenever filed in any competenct Court does not gets filled for FREE from any advocates charity kitty bag and donot ignore IT showcausing morality innocence (aka frivilous morality which many women themselves donot agree to you as you yourself replied to those posts here too) and what is needed today is family laws takes cue from above illutsrative two progressive Judgments among so many similar once and Amend Diovrce Laws and grant speedy Divorce……....

DIVORCE in contemporary India is no more a dirty word; it is moral sounding other woman who have made it sound DIRTY (PERIOD)

1 Like

Sunil Sharma (Consultant)     05 September 2012



Indeed for the spectators, it is a pure entertainment!!!! Tajob has rightly mentioned the common and route to the divorce mockery!!

The divorce law must be amended in tune with the predictable and common allegations and counter allegations of the present time. Otherwise, it is such a waste of valuable time of the courts - particularly when the  court can't force the spouses to reconcile!! It will unleash huge time for the courts.  

...Irene... (Bean Counter)     05 September 2012


The way in which you have lucidly explained this significant question is really appreciated. 

Keep posting!!

rajiv_lodha (zz)     05 September 2012

Right time that IRBM clause be made valid ground for seeking divorce n it shud be gender neutral too