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know that one partner is wishing to cohabit with him/her but it is he/she who had left him/her from conjugal life and withdrawn from the society.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.