Legal Question in Family Law in India
matrimonial
A husband and wife live apart
(after only six months of marriage life) continuously for more than six years.
Now Husband wants a divorce from his wife on the grounds of desertion and wife still want to live with him, what should be done. there is no chance of reunion. there is a child of the age 4 years.
6 Answers from Attorneys
Re: matrimonial
Husband could file Divorce.The willingness or unwillingness of wife does not matter.consult a lawyer of vicinity.for any other query you may cal on my mobile.
Re: matrimonial
try to convince for a mutual consent divorce. if wife refuses file a case for divorce
Re: matrimonial
The husband is not entitled to divorce just for the asking. He needs to bring his case within one of the grounds available in law. The grounds are different for different religions. If the wife is living separate because of husband's fault, he cannot seek divorce and deprive the wife of her rights.
Re: matrimonial
Husband has legal right to file divorce petition on the ground of desertion or any other ground whatsoever available to him. It is immaterial whether she wants to live with the husband or not but husband have to prove that there is no uncessary in delay in filing the petition and for the ground of desertion has to prove that that the wife has deserted him without any cause and excuse. For further qurey you may contact me
Re: matrimonial
Husband may file a divorce petiotion on the grounds of desertion or any other grounds that may be available to him and the wife may contest the same. However, if the wife wants to cohabit with the husband, she can file a petition for restitution of conjugal rights, before the appropriate family/district court. Even in case the court orders the husband to cohabit with the wife, the order cannot be executed, unless the husband willingly does so. In case the husband does not obey the order within a year, the non-obedience will only be another ground for divorce.
Re: matrimonial
if wife want to live then why dont you people join again...... at least for the sake of that kid, who has no fault.
everybody is busy in thinking only about theirselves, think about that baby also which has been brought by you.
my advice is only this otherwise you can see advice given by others