Legal Question in Family Law in India
A wife has filed for divorce due to physical and mental cruelty by her husband in high court in 2011. Earlier she files a police complaint against the husband in 2008 and has been living with her parents since then. There has been no contact or talks between them since then. The case is still under trial as the husband refused to agree for mutual consent with the intention to harass the wife. After 2 years of vague procedures, the wife now feels it is better to withdraw the appeal from the court and lead her life peacefully. She thinks it is much better to live her life by staying seperately than to wait for the husband to agree for a divorce. Is it possible legally and if so what are the implications, if any? Please advice in detail as she is a very close friend of mine and needs help to move on in life. I do not have specific details of the case after from this. The case was filed in Hyderabad family court.
4 Answers from Attorneys
She may stay separately but then both husband and wife cant remarry. if she chooses to live in with someone then the said live in partner may be liable for criminal action u/s 497 IPC for Adultery. You may drop in a detailed query at [email protected]
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JSR/61113
In addition to the fact, that, both would continue to be seperated husband and wife. Each spouse will have inheritance rights on the death of other spouse. There is no legal bar on staying seperately. Either spouse may file for restitution of conjugal rights seeking directions from the court to the seperated spouse to join the matrimonial home. If in spite of directions the seperated spouse does not cohabit for one year, spouse would be entitle to divorce as well.
she can stay separately and even fight for divorce. i may help her to get divorce in speed up manner.
Regards
Advocate
Punjab and Haryana High Court, Chandigarh
she can go for judicial separation its a court decree requiring a man and
wife to cease cohabiting but not dissolving the marriage .You may present a petition to the district court praying for a decree for judicial separation. A legal separation is granted in the form of a court order, which can be in the form of a legally-binding consent decree.
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