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D Seikhar G (self)     06 September 2013

Wht happens when one partner doesn't want to live with other

Dear experts,

If one of the couple doesn't want to live with other partner at anycost and there is no evidence of mental cruelity as such action is witnessed by only four walls of the room and one of the partner is living away from other partner due to mental cruelity.Marriage is no more alive as both partners communication has been stopped but other partner is not ready for MCD.So,in such case how to proceed? Do court force the petitioner to live with the respondent if divorce is not granted to lack of evidence? If one partner can't live with other partner at anycost then what happen's ,is there any punishment for that?

I shall be very thankful to your answers.



Learning

 8 Replies

shriks........... (healyhcare)     06 September 2013

1.incompatibility for marital relationship .

2.you would have to prove judicial seperation or mke grounds or apply for the same...then irretrievable breakdown.....then alimoney ....one time settlement....parting with movable n immovable assets.....then divorce.....

3.mcd can be opted for if bith agree

1 Like

Vivek (manager)     06 September 2013

Divorce, 498a, dv, stridan etc etc

gd dy (gd dy)     07 September 2013

hw do one can advice w/o knowing query from wife side or husband.
appreciate u clarification with more details.

Tajobsindia (Senior Partner )     07 September 2013

Observations:-

1.    Most litigants in Family Disputes, suffer from Arjun Vishad Yog (descripttion can be found in GITA Chapter I) - they avoid taking first legal step and then suffer protracted litigations.

2.    Here, as soon as the dispute arises, a wise decision should be taken. Preventive legal steps should be taken.

3.    Law, Lady Luck and Ld. Judges help those litigants who are vigilantes about their rights and take first step.

Opined remedies:-

1. Search locally for an Advocate and after all due diligence appoint him for taking advised legal steps.
2. Living away from each other without consent is mental cruelty to other spouse.
3. Ending cohabitation is mental cruelty to another spouse.
4. RCR is option if one knows ¾ well other spouse upper story how it works in crisis situation. Once RCR decree granted and other spouse does not rejoin it becomes after 1 year ground to seek divorce (under Hindu Laws).
5. Filing divorce under above hinted cruelty inference are also an option apart from other instances that surely might have happened behind closed 4 walls of couples home.
6. Counseling – mediation proceedings approach by Family Court brings out finer facts of other spouse mind. This happens only when spouses meet each other in a Court and not in social sittings.
7. Spouse journey to dissolve marriage starts from Trial Court and ends at Hon’ble SC then only “at any cost” thinking as mentioned in your brief is found to be correct resolve otherwise before that even if it is said, it sounds hallow / shaky is my view.
8. The petition should inspire confidence that parties marriage has irretrievably broken down and is beyond repair and ld. Court is not sitting to deal with ideal spouse or to give long lectures on moralities, she is interested to know who is at fault and which remedy under personal law as prayed does squaly fits to allow divorce or not and then couple(s) journey to higher judicial forum starts "at any cost". Unless first step taken via initiating Court proceedings such discussions does not bring desired result r/w observation paras 1 – 3 is my view.
[Last reply] 

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(Guest)

Dear experts,

If one of the couple doesn't want to live with other partner at anycost and there is no evidence of mental cruelity as such action is witnessed by only four walls of the room and one of the partner is living away from other partner due to mental cruelity.

Opinion: What kind of mental cruelity?Something should be there for the cause of action,A mental cruelity term as a ground of divorce if the respondent had given continuous state of mental torture to the petitioner.

 

Marriage is no more alive as both partners communication has been stopped but other partner is not ready for MCD.


Opinion: If one partner is not ready for MCD and other is hell bent to end the marriage ,then first fight of contested divorce starts via family court.You have to state severe mental cruelities done by other partner in your petition and also the reason of such desertion on account of that.

Go for contested divorce and see other side reactions in due course of time.If one partner is not ready and other one is opposing with sevral years after geting tired and exhausted the respondent will come to know that there is nothing in this marriage and it can't be rebuilt.So,it's better to give up.Hence MCD take place afterwards.

IrBM is onother option for you if it becomes law.

 

So,in such case how to proceed?

Opinion: As stated above

 

Do court force the petitioner to live with the respondent if divorce is not granted to lack of evidence? If one partner can't live with other partner at anycost then what happen's ,is there any punishment for that?

Opinion: See No court in the world forces two creatures to get collide and end their life,It's matter of ones will whether he want to cohabit with eacht other or not. In this purview RCR is made to give other side to legaly know that one partner is wishing to cohabit with him/her but it is he/she who had left him/her from conjugal life and withdrawn from the society.

There is no punisshment for not living with each other,but if other partner is not earning and can't maintain herself then she is eligible for maintenance from her husband and this goes vice versa.

 

I shall be very thankful to your answers.

1 Like

D Seikhar G (self)     07 September 2013

Dear Tajobsindia & Sufferer and other experts thanks alot for giving your precious time and valuable suggestions.

D Seikhar G (self)     07 September 2013

Dear experts,

In continuation of my above query  Iam posting the relevant facts,plz guide me.

sir,
Due to untolerable mental cruelity given by her Iam not living with her.Her parents interferance in our marital life was so much that she never given the respect and love to me and my family.She always tried to follow her parents and always listen on their yes or no.
She had treated my parents very badly.Her parents and relatives have given several times ultimatum to follow their parents and her or else they will drag me in criminal cases.
So,after continuos threat and torture I left my wife to her parental home and stopped communication from last 9 months.
Iam a business man and hardworking person who don't want to give my properties to her evil hands.
Plz sir give me some guidance that how can i come out from these dead marriage,as i don't want to live with her.At that time I didn't recorded any cruleities in welfare of her,but now how i can proove?
Does she has share in my Business?

Sudhir Kumar, Advocate (Advocate)     11 September 2013

connect https://www.lawyersclubindia.com/experts/wht-happens-when-one-partner-doesn-t-want-to-live-with-other-at-anycost-and-divorce-is-not-granted-421116.asp


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