Legal Question in Family Law in India
I would like to know, if the divorce is filed by the husband and the wife is not ready to give the divorce not even on mutual understanding or even after the case is filed. Will the court or the law force the husband to stay with the wife and the divorce gets cancelled. In simple words, can the law force to stay husband and wife together even if husband doesnt want to continue with the marriage relation.
What are the way the husband can file the divorce against his wife, if the wife doesnt agree for mutual understanding separation.
Can the husband marry second time and then file the divorce from the first marriage. I just want to know the ground to get the divorce from a wife if they are staying together without any physical relation for the last one year.
2 Answers from Attorneys
no. Law do not force spouse to live toghter with another spouse. They can get seperated and but can not remarry unless they get a decree of divorce from the concerned cpourt. If wife is not willing to give divorce, husban can file divirce on other grounds like, cruelty, adultery, desertion etc.
One year separation is require for divorce.
in case the wife withdraws her consent, the petition for mutual would be dismissed. the husband has an option to file a petition for divorce on the ground of cruelty, desertion adultry etc...but he cannot remarry unless he gets the divorce.
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