can a husband get a divorce from his wife if she is living apart from him from last 6 years,and is not willing to give divorce,on what ground he can take the divorce and how much time it will take.is there a possibility that if wife is not giving divorce the indian court wont allow for such divorce,preferrebly if the marrige is under hindu marrige act in india
2007-09-19 00:58:24 · 10 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Yes, the Husband can get divorce on the grounds of Desertion of wife for more then two years & cruelty. Both these grounds are valid grounds in such a case & are available to him under the Hindu Marriage Act, 1954 under section 13 (1) (ia) & (ib). Otherwise too this is an irretrievable breakdown of marriage as per the various Supreme Court Judgments where such a long period of desertion & no chance of reconciliation itself is a good ground for divorce although not so much written in the statute regarding divorce but being considered by family courts in India to use it at its discretion, based on the facts & circumstances of the case, & this being one such case. The wife in such case claim maintenance during the pendency of the divorce proceedings & even after decree of divorce has been passed in favor of the husband if she is unable to maintain herself & save her destitute condition. She can even claim residence from her husband if she has no place to reside even after such a decree of divorce has been granted to him. These two benefits she can continue to enjoy till she remarries or is able to have sufficient income & place of residence by herself.
2007-09-19 01:12:56 · answer #1 · answered by vijay m Indian Lawyer 7 · 7⤊ 0⤋
The wife does not have a unilateral right to decide whether to grant a divorce to husband or not, that is the job of the court.
The husband can get a divorce on grounds of cruelty and desertion.
I dont see the point of living away from the husband for 6 years and not be willing for divorce or reconciliation. Any how there are sufficient grounds to show that there is an irretreivable breakdown of marriage.
It would be much better for both the husband and wife, if they go for divorce by mutual consent and the wife gets compensated adequately.
2007-09-19 01:21:49 · answer #2 · answered by Pramod R 4 · 1⤊ 0⤋
I wish I could help you, but the only thing I find more complicated than Indian marriages are the rules surrounding Indian divorces. But there is a lawyer who has answered many matrimonial questions on this site, including yours. The best advice is advice from an expert rather than what the 30 other people who answer this question will give you. Seek legal counsel!
2007-09-19 15:37:55 · answer #3 · answered by ezgoin_newyorker 2 · 0⤊ 0⤋
Merry Christmas!
2016-05-18 03:54:12 · answer #4 · answered by ? 3 · 0⤊ 0⤋
I think you need to see an attorney. If her culture doesn't allow for divorce, that may be an issue, but if you are an American citizen, it shouldn't matter. You should be able to file for divorce.
2007-09-19 01:06:11 · answer #5 · answered by Allison P 4 · 0⤊ 0⤋
Living apart for more than six is more than evidence. So you can easily get the divorce. No women can stay for long six years without man/sex , So you can also file suit on her for illegal relationships.
2007-09-19 04:10:33 · answer #6 · answered by rockylike007 3 · 0⤊ 0⤋
See a lawyer for details ( Hindu law of matrimony).
I believe it is 7 years of no contact.
Choices may be annulment, and or divorce because of abandonment (burden of proof is on you, she may claim you threw her out or locked her out).
2007-09-19 01:20:24 · answer #7 · answered by minootoo 7 · 0⤊ 0⤋
I would recommend that you consult a divorce lawyer. He/she would be in a better position.
Logically I think you can appeal in the court... but would recommend that you seek professional help.
Sunil
http://www.careercurry.com
2007-09-19 01:15:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
check her charactor, collect evidences through well wishers all by spy people agencies & then after collecting the evidences, consult a good lawyer for giving divorce on basis of her bad charactor who can prove that (her bad charactor).,
2007-09-19 01:07:38 · answer #9 · answered by JAMES 3 · 0⤊ 0⤋
its easy ,
speak to a lawyer
2007-09-19 05:47:45 · answer #10 · answered by Perfectionist 6 · 0⤊ 1⤋