what should a man do in this case?

It all depends upon the grounds of divorce.  If he has valid and genuine grounds, than nothin to be warried about.  There are view of different high courts, if the break down is irretrievable than divorce can be decreed.  Period of eight years sepereation shows no conciliation is possible,  if ur friend ever ask his wife to cohabit and joint matrimonial life, it was done so, than no problem.

Dear Ram,

As you stated that you friend has been living seperately since 8 year.

Question arises:

1.) Did your friend's wife left the matrimonial home

a.) herself without any provocation OR

b.) after ill treatment by you friend?

2.) Despite this seperation did your friend and his wife continued to have physical relation?

See my advice as per tentative answers:

A1.a) This is a ground for divorce for HUSBAND and it'll be called "Dessertion" by his wife. Your friend might not even need to pay any alimony, at all if this can be proved that the wife deserted the husband without any just cause. However, seeing the economic condition of the wife the court may grant maintenance or final alimony based on your friends capability.

A1.) This is a ground for divorce for WIFE and it'll be called cruelity. The court would come down heavily if wife could prove that she was ill treated and then thrown out and never taken back. The alimony (final settlement amount) would be very high in this case.

A2.) If YES, then court may not grant divorce at all as your friend continued to act as husband.

A2.) If NO, then court shall presume that it is a breakdown of marriage. Then it would depend as how much alimony could be granted.

A good advocate could pull out your friend easily in very less expenditure. Rest could be advised after more details only.

//peace

/S. Vashist

Vashisht ji,

Is there any way by which the woman can claim for living together now? I heard that my friend's advocate told him that if the lady pleads to the court for cohabitation now and if her husband doesnt accept it, the cohabitation will be forced by police.Is that so? Can police take action in this case?

Ram

I have certain suggestions to preserve families and to save them:

·          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

·          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

·          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

·          Compulsory mediation for avoiding long legal battle.

·          Law should be such that both husband and wife try to reconcile .

·          Law should not be favoring anyone to ensure that marriages are saved.

Domestic Violence complaint/FIR must not be registered after 24 hours of alleged incidence as today girls and their families tries to black mail the husband and his family to agree to their demands and if not agreed then they file the case after even many years.