i reallllllllly need someone to help me out?

Question

if a wife is not living with her husband for past 6 years and is not willing to give divorce,i know that he can still get a divorce,but what if a degree of restitution is passed,can it be passed in this case,and if not then plzzzzzz tell how much time it will take to get a divorce in such a case preferrably if the marrige is under hindu marriage act in india.and if this man is in love with some other gal,and wants to stay with her,since acc. to him it will take long to finalise the case ,can they both live together,is it legal,what will be the best way for both of them

Answer 1

In my last reply to your question I told you to go ahead with divorce on the basis of desertion for more then two years & cruelty. How long this divorce case take depends on factors such as whether this divorce petition is contested by the deserting wife or not, if she doesn't contest it then it can be decided within few months only, but if she contest it the period it takes to decide issues like her maintenance during the pendency of this petition & after decision of this petition, application with regards to custody of children & settlement of stridhan/property she got at the time of her marriage are the usual issues that take time, followed by the various stages of this main divorce petition starting form its filling, notice to the respondent, framing of issues, evidence of both the parties & arguments of both the parties followed by the courts order & judgment regarding the petition. If all goes well then two to three years maybe more should be sufficient to get this whole case settled between the parties. Now coming to the divorce by mutual consent, provision of which is also available in the Hindu Marriage Act, 1954. Section 13B provides that the parties can seek divorce by mutual consent if they have been staying separately for more then one year or above, which exist in this case. The only problem exist in such cases is that although both the parties agree for divorce by mutual consent & even file a joint petition for the same but the chances of any party withdrawing the consent anytime before this divorce is granted always exist & this remains as a hanging sword on other party’s head. Although after filing of such joint petition a six months or more period date is given by the family court, when if the parties failed to reconcile, the decree of divorce is granted, but at that stage if the reluctant wife comes out with an excuse & prays for withdrawal of her consent for such divorce, the petition is dismissed then & there only with no further relief & in such case the husband has to again file another petition for divorce on the various grounds available to him, such as cruelty & desertion in this particular case. The only problem in such cases that a period of six to nine month gets lost in this whole issue to be restarted again by the husband. So consider this point too while making any offer for divorce by mutual consent to the wife. Even the wife after settling the issue of permanent maintenance for agreeing for divorce by mutual consent & even receiving the whole amount can still withdraw her consent as there exist no provision of law either in the form of any statutory provision nor any judgment of any High Court or Supreme Court to support it & that will bind her on this account. Now coming to the point of staying with another lady without marrying her is concerned, this itself may not be legally wrong, but it gives an handle in the hand of the wife in the form of mental cruelty for which she can file criminal complaint under section 498A of the Indian Penal Code for cruelty or even seek help under the provisions of Protection of Women from Domestic Voilence, 2005 & seek protection order against the husband etc. Although such criminal complaints may not actually stand the scrutiny of the legal provisions but a mental harassment always is there. If you marry this second lady by not performing the full Hindu customs & necessary ceremonies of a valid Hindu marriage as one of my friend suggested here, still the chances of getting a case of bigamy under section 494 of the Indian Penal Code still remains open against the husband, even if it fails in the final stages but the same mental harassment of being involved in the criminal cases exist which I told you above. Already the various legal statues are going in favor of the ladies/wives in India, why inviting more trouble by getting involved in all these criminal complaints & cases. Just a recent judgment (reported in the newspaper) of the Delhi High Court where a second wife got relief from the said court for the matter of maintenance, although the plea of the husband that this was not a legal marriage nor she her legal wife but the court held that even so this lady deserve maintenance as any legal wife. After knowing the attitude of the courts in relation to matrimonial issues I will not suggest to involve in such keeping another lady openly with oneself till this whole matrimonial issue get settled once for ever.

Answer 2

If a wife is not living with her husband more than 2 years, it is "Desertion" and the desertion is a ground of divorce under section 13 of The Hindu Marriage Act. since you wife has deserted you you are entitled to the decree of divorce. It is not a question of her willing or not willing. Law provides such a relief. under Hindu Marriage Act.

Yes, "Decree of Restitution of Conjugal Rights". Petition for restitution of conjugal rights can be filed by you. But if she is not ready to restitute your marital rights, **** them up. If you are in love with some other lady, do not marry her unless and until you get divorce from your wife, otherwise a criminal case can be initiated under section 498 of Indian Penal Code. You may live with that girl but can not merry her. The best way for both of you is that you should divorce her first and then solemnise your marriage.

Answer 3

If the wife contests the divorce all the way to the supreme court it will take 15-20 years to settle. If they go for divorce by mutual consent it will be over in 6 months but for that the wife and husband must both be ready for divorce which means the wife has to be compensated by money.

You can live together in a live in relationship and you will have some legal protection for your rights, a lot of people are doing this as long as he does'nt marry you as per hindu customs. You can get married by skipping the essential ceremonies of a hindu marriage and get married then your children born will be legitimate.

The court cannot force 2 people to live together by passing a decree for restitution of conjugal rights. To pass this decree the wife must show that she is not at fault for the husband to be living away from her.

Answer 4

Whether it is a Hindu or any other religion, the best course to pursue is to win him over. If you cannot, leave him alone. Why bother yourself about such things and spoil your life. Offer him a divorce yourself and get rid of him. Then, if possible, marry again with a like-minded and understanding person and try to settle in life, peacefully. The legal tangles would never end and you can win only in one aspect. You can make him suffer. But, you cannot be happy and you too would become older than otherwise and repent for the course you pursued.
Now, it is upto you to live your life happily or make him suffer for what he did and inflict pain on yourself at the same time.

Answer 5

I didn't follow all of your questions, but I will try to answer what I think I got out of your post. For one, if you disagree with getting the divorce, you can certainly tie it up in court for a long period of time, but not indefinitely, he will be able to get the divorce one way or the other. (Uncontested divorces take up to a year, for the most part, bitter divorces can take 1 to 5 years, perhaps longer in wild circumstances). If you are living in the United States, then U.S. laws apply and it won't matter that you have an "Indian marriage" unless (and I'm not up on Indian Marriages), there is some sort of written document about what you are owed if he is unfaithful or leaves the marriage...that may be viewed as a contract to be honored here in the U.S. It may even be viewed as a pre-nuptial agreement, look in to that...., but there are no contracts honored here that say one must STAY married to someone they do not want to be married to). Lastly, I hope you will consider this. Despite the love you may have for this man, he has disrespected you by moving in with a new woman and you deserve, much, much better. If in your culture, it is a "shame" for a woman to get a divorce, I sympathize with you, but you are in America now (I am assuming) and you can hold your head up here under your circumstances and get a divorce and re-marry to someone who will want to worship, respect and love you...that man will find you one day. You deserve that. Keep your head up. I'll send you good vibes. :)

Answer 6

Complex question. go to an advocate