Can someone get it if the wife doesn't want it? They haven't been together for 3 years. Anyone here ever filed for one? What does it do for you? Especially if she is still living in the house with you and your parents (though you are not in same room and had no relationship at all for 3 years)? Can it help in a divorce or to protect the man from false accusations?
2007-01-31 14:57:48 · 6 answers · asked by Jazmin 2 in Family & Relationships ➔ Marriage & Divorce
There is something called 'restitution of conjugal rights' which says that a person can demand the other person, wife/husband to fulfill his/her duties in their respective roles. If your wife is living in another house against your will and is not willing to consummate the marriage for frivalous reasons( if domestic violence or some criminal attitude is present, you can not get her) like not liking the guys hairstyle or some love affair or other, you can file a petition for restoration of conjugal rights. If she refuses to comply with the court order after 2 years, you can file for judicial seperation(sec12, Hindu Marriage Act) which is stopgap discretionary period the courts allow for the couple could come together after the some time. If that does not happen, you will be granted divorce u/s 13. Since both of you are living together under one roof, you can not prove in the court whether your marriage has consummated, (which means whether you are sleeping together) unless your wife confesses or you have strong evidence in the form of family members' opinion. Anyway go see an advocate if you decide to proceed further. But do not force her to have it with you on this threat of divorce as that would be rape u/s 375 of IPC, jail for 10-14 years. If she does not do it 3 years, she will never do it. Please provide some more details as I don't know who is the victim here. If you are innocent you can proceed further. If pretend to be one by concealing the crucial facts, remember that in India courts skin you alive, leave alone the social stigma and sex ratio which don't help you either in getting a girl again. Think about the best interests of your wife before you act with some revenge or recklessness. Whatever is legal may not be always just. Settle things well with your wife first , atleast try first and then approach the court.
2007-02-01 04:11:37 · answer #1 · answered by havah 2 · 0⤊ 0⤋
It's when the judicial system decides to separate. If they haven't lived together, then it can happen. Here in America it's called Legal separation.
2007-01-31 15:26:42 · answer #2 · answered by WestCoastin4Life 7 · 0⤊ 0⤋
judicial sepration here in India is called as divorce.n what i would like to say is its not to get divorced for small things there r misunderstanding in between Pearson's but it does not mean that u should leave him.n ya i one person is not ready for for judicial separation for eg girl says she is not ready then boy has to prove the reason he asked the separation for that its true.
2007-01-31 15:47:09 · answer #3 · answered by rahul 1 · 0⤊ 0⤋
Judicial Separation India
2017-02-24 06:24:06 · answer #4 · answered by ? 4 · 0⤊ 0⤋
yes it helps for divorce
2007-01-31 16:27:29 · answer #5 · answered by shuvadip d 3 · 0⤊ 0⤋
no.. dont know..
2007-01-31 17:11:48 · answer #6 · answered by ruprekhawati 3 · 0⤊ 0⤋