How do u get divorce if the lady dont want to go?

Question

What can someone do if they are married and the lady still stays in their house but they have not even talked much to each other in 3 years? She makes threats that she will get her husband and his mom (it's his mom's house) thrown in jail if they ask her to leave. She makes a big scene and upsets his mother. She has always been mean. They are like a prisoner in their own house. What can they do? They asked one lawyer a few years ago but the advice was not clear. Anyone have any ideas?

She has no bad info about him...he's a really nice guy - never been in trouble...never did anything to her. The only thing she has is a relative in the police station and a couple years ago she accused him of trying to poison her - which wasnt' true at all (she was cooking her own food and things) - she's just crazy and he thinks the laws in India are in favor of women and he thinks that if he protests, she'll say lies on him (cuz she did before about the poison) and get him and his mom thrown in jail... Im from another country and I dont know the laws in India and can he get fair treatment. Actually, he's big and tall and maybe that will hurt him in the end.

Answer 1

I have gone through your facts & onset let me tell you even if there are some matrimonial or domestic laws in favor of wife in India ,the courts are neither blind nor dumb who don’t understand the that few ladies take undue advantage of these enactments just to harass the husband & keeping this fact in mind two months back the Hon”ble Supreme Court of India in a remarkable judgment had held that any wrong criminal complaint/case filled by the wife against her husband amounts to gross cruelty & husband is entitled the decree of divorce. Although they are living together in same house still they are living separately this amount to desertion & it can be taken as a ground for applying for divorce along with ground of cruelty by your friend. Whatever I have stated here is the legal position in India for Hindu married to another Hindu person. For any further clarification you can write to me directly. I am lawyer with 24yrs experience. Any allegation regarding cruelty against the husband by wife cannot take away his legal right to seek divorce from her if he has valid ground for same & sufficient evidence to prove these grounds. Mere making false complaint under sec 498A of the Indian Penal Code can never help a wife to take it as a defence against the divorce proceedings until & unless she has sufficient evidence to prove her allegation of cruelty as defined in the sec 498A of IPC. Please refer to this link regarding the misuse of provision of sec 498A IPC http://www.498a.org that will provide the information even how the various high courts & supreme court of India disagree with the misuse of this provision along with other such provisions.

Answer 2

Yes, it's called a Kick Out Order. In some states there are laws on the books that allow married people to live in the same house until the divorce is final but that is with approval of a judge on a motion.
good luck.

Answer 3

He should file the divorce papers. If she is currently creating a hostile enviroment, his mother can file a domestic complaint against her or a harrassment complaint. If he is threatened, he can file a domestic complaint as well. They can't be thrown in jail since it's his mother's house and she can kick them both out if she wants.

They need to ask another lawyer. Check with the local bar association for a divorce lawyer or advocate who can provide good advise in this situation.

He should be the first to file for divorce or separation and she has to leave.

Answer 4

Better to settle the matter amicably, try to persuade her by offering a handsome alimony. At last, she is also married, and takes the vows seriously. She has rights. As of now she has done nothing wrong, she is not unfaithful. She needs to live a decent life if you divorce her. A good and peaceful settlement is best for both the parties.

Answer 5

All i will aid you comprehend is my adventure. i attempted to reconcile with my ex a pair of 12 months after our divorce and it became a disaster. the 1st couple of months have been stable and then it became consistent harassment concerning to the standard issues and greater. i became under no circumstances untrue while we've been married, yet i could under no circumstances stay down the certainty that I dated after our divorce. He ought to no longer get previous that. i think of we stayed mutually for six months and that became the basically spectacular financial ruin. i'm lots happier without him. regrettably for him, no longer something in his existence has replaced. He nonetheless is an truly indignant, bitter individual and thinks he's a sufferer of the international. do no longer waste from now on time. existence is basically too short and in case you have reached this factor, i think of it is what could be called "the factor of no return". by skill of how, we were married for 17 years. Please do no longer waste yet another priceless day on him!

Answer 6

Get a lawyer. Get some sound legal advice & take due precaution. Be very very circumspect and plan steps carefully. Ensure that you take all legal steps. In light of the anti dowry law and recent domestic violence bill, extreme caution is advised. Ensure that you have a good lawyer and build your case slowly but surely.

Answer 7

my advice to you is to stay out of it because this is a head ache you really do not want to inherit. but if you must know they should sell the house and move out. then she has no choice but to leave. i am aware of the situation that it is his mothers house. tell the person to call legal aid. it is in the phone book or call information to get the number. some one there will definatly answer the question. considering it is the mothers house she does have the right to throw the woman out.
i must say to you unless there is a reason she has that she can use to throw them both in jail then they are worrying senslessly. the fact that they are putting up with this tells me that she is using something to hang over their heads something they have done or the guy has done so that gives her the ammunition to use against him in a form of black mail . if she is black mailing it he could get it on tape and hold it against her. it is a felony to black mail some one. considering it means that she is aiding and abedding a criminal. as well conealing a crime. if it is a question of money here the guy has assets that he does not want her to get hold og that are in his name and this is a reaon he has not divorced her then he needs to transfer his assets into a name of some one he trusts. he could always play dirty injure himself go to the hospital and say she did something to him. have her arrested so she is considered a violent offender. then a judge will throw her out of the house for sure. at this point he needs to make sure that all his assets are transfered into some one elses name. the mother as well could say she tries to hurt her and show up to the hosiptal. there are always ways to have an unwelcomes party leave. i do not know all the circumstances if she has kids with him then it is a challenge as well. do not get involved with this situation you are only asking for headache.

Answer 8

Just go down and file for divorce. You can have her served right at the home. If the home is in the mother's name she can't touch it. If the home is join it may have to be sold. The reason she is threatening is probably because she knows she has no leg to stand on in court and would loose her happy home. She is using intimidation to keep these people from removing her from the home. What can she do to them? You can't throw someone in jail for filing for divorce.

Answer 9

If a wife is harrassed or subjected to mental or physical cruelty by her husband or his relatives, they are punishable upto (3) years imprisonment and fine (Sec.498A IPC). Wife cannot be asked to quit matrimonial home and harassed therefor by inlaws since marital relations continue till decree of divorce (Sec.13 HMA).On a complaint by wife (or her or her parents' brothers or sisters) to police, an FIR (case) will be registered at PS U/s 156 CrPC and the police takes up investigation by examining the wife and her witnesses (mostly her parents, brothers/sisters, uncles & aunts, relatives etc.) who will always corraborate her version. They are called Prosecution Witnesses. (Police will not examine any witness of accused i.e., Defence Witness). Then accused will be arrested, kept in PS, sent to Court and then to jail if not bailed out. The offence U/s 498A is nonbailable. The court will not decide the guilt or innocence of accused at bail stage. On completion of investigation, police files a charge sheet before Court. The court examines Prosecution Witnesses and also the Defence Witnesses if produced (not adviseable), hears the arguments on both sides and pronounces judgement of acquittal or conviction. Bail Petitions are disposed of basing upon the contents of complaint and not the defence version. Disposal of such case takes many adjournments/years. Police prosecutes that case. Attendance of the wife is not required while a must for accused. Non Bailable Warrant of Arrest is issued (if absent) to Police to arrest the accused & to produce before court to send him to jail.... Where ever the wife lives, the husband is bound to maintain her or to pay for maintenance expenses. On a wife's petition, court may order husband to pay (no limit) her every month. On failure to obey that order, his property can be sold and he be put in jail to recover the arrears. ... Here U may seek divorce alleging mental cruelty only U/s 13 HMA. It is difficult to prove such allegation while she lives and intends to live in your house, files any complaint for 498A IPC; the police files charge sheet proving your guilt, etc. ... Better u adjust with her, tolerating every harassment to avoid more and more harassment to u and your relatives. ... ZAFARULLAH HYDERABAD INDIA PH: 9247173741

Answer 10

change the locks while she is at work. if it's his moms house all u have to do is get her out then say that she is not allowed back in and if she causes a big scene call the cops they will tell her to leave then if she comes back it's trespassing