Wife has been living separately, not ready for mutual divorce
07-Nov-2023 (In Divorce Law)
Wife has been living separately, with her parents and not ready for mutual consent divorce Wife has been living separately, with her parents for the last 3 months and not ready for mutual consent divorce & not ready to be with me. Our marriage was held on 2012.She is also refusing sex for last 2 years. We don't have children. How to get divorce with above situation How to prove below points infornt of court. 1)Refusal of staying with husband. I have a recorded, telephonic Conversation with her, in that she clearly mentioned that she will not continue with me in future. Is it considered as an evidence? 2)Refusal of sex - written statement is enough ? In the second year of our wedding, we consulted an infertility specialist. They found that she has poly syst ovary problem. They suggested treatment. She refused to do it. After this she doesn't wanted pregnancy. That's why she refused sex and staying with her parents. In this situation RCR or contested divorce, which is better?
refusing sex is a ground for divorce,However,the same should have to prove by adducing evidence.From your message,it is seen that you are having evidence regarding that.so you should file a petition seeking divorce before the family court
Can a marriage survive a separation?
When couples are separated temporarily for the right reason and in a way that is fair, with clear agreements and a good plan, they can gain realism about their relationship.
Can a woman live with another man without divorce?
According to Section 494 in the Indian penal code a second marriage is prohibited and illegal.
What happens if husband and wife live separately?
They are still considered to be married, even if they live apart. It has important implications: They are not legally allowed to marry anyone else. If one spouse doesnt leave a testament, the other spouse inherits automatically from the person without a last will.
How long can husband and wife live separately?
Couples should not be apart for longer than six months, or at most one year. During this time, it is important to make conscious and sustained attempts to address the problems that distance can bring, such as loneliness, infrequent sex and lack of emotional or physical support. 13-Apr-2019
You can file a petition before the family court for divorce on the ground of mental cruelty. It is the right of the husband to have the sex with the wife. If she denies it without any cause it is nothing but the cruelty to the husband.
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What is your wish?
Live with her or choose another relation.
If you need to start a new family life then file divorce or otherwise file RCR and settle the matter amicably with the help of mediators. The whole idea of a marriage is to strengthen your bond and raise your kids together. Marriage throws an obligation on the wife, to live and co-habit with her husband. Only on reasonable grounds she is justified to live separate from him. Neglect, cruelty, ill treatment, impotency, extra-marital relationship, remarriage are sufficient grounds to justly separate living by a wife. The burden of proving this is on the woman. Failure to fulfill basic marital obligations, such as denial of company or denial of marital intercourse, or denial to prove maintenance will amount to willful neglect. It is now well settled that the matrimonial court has to look at the entire conspectus of the family life and if one side by his or her words or conduct compels the other side to leave the matrimonial home, the former would be guilty of desertion, though it is the latter that is seemingly separated from the other.
If one party leaves the matrimonial home with the consent of the other party, he or she is not guilty of desertion. When the parties are living apart from each other under a separation agreement, or by mutual consent, it is a clear consent of living away with the consent of the other. Desertion is not a single act complete in itself, it is a continuous course of conduct to be determined under the facts and circumstances of each case
In case of desertion, the burden of proof lies upon the petitioner.
The petitioner is required to prove the four essential conditions namely,
(1) the factum of separation;
(2) animus deserendi;
(3) absence of his or her consent
(4) absence of his/her conduct giving reasonable cause to the deserting spouse to leave the matrimonial home.
The offence of desertion must be proved must be proved beyond any reasonable doubt and a rule of prudence the evidence of the petitioner shall be corroborated.
Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.
It is now well settled that the matrimonial court has to look at the entire conspectus of the family life and if one side by his or her words or conduct compels the other side to leave the matrimonial home, the former would be guilty of desertion, though it is the latter who is seemingly separated from the other.But where the husband does not take any steps to effect reconciliation, he is not guilty of constructive desertion. The ingredients of both actual and constructive desertion are the same: both the elements, factum and animus must co-exist, in former there is actual abandonment and in the latter, there is expulsive conduct. Under constructive desertion, the deserting spouse may continue to stay in the matrimonial home under the same roof or even in the same bedroom. In our country, in many homes husband would be guilty of expulsive conduct towards his wife to the extent of completely neglecting her, denying her all marital rights, but still the wife because of social and economic conditions, may continue to live in the same house.
No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.
Mental cruelty can consist of unusually callous, neglectful and deliberately harass conduct, false accusation of adultery or unchastity, false charge of impotency, undue familiarity with third person, deprivation of property, drunkenness, false criminal charge by one spouse against the other, reprehensible conduct, refusal to have marital intercourse, refusal to consummate marriage, communication of disease, demand for dowry
Live with her or choose another relation.
If you need to start a new family life then file divorce or otherwise file RCR and settle the matter amicably with the help of mediators. The whole idea of a marriage is to strengthen your bond and raise your kids together. Marriage throws an obligation on the wife, to live and co-habit with her husband. Only on reasonable grounds she is justified to live separate from him. Neglect, cruelty, ill treatment, impotency, extra-marital relationship, remarriage are sufficient grounds to justly separate living by a wife. The burden of proving this is on the woman. Failure to fulfill basic marital obligations, such as denial of company or denial of marital intercourse, or denial to prove maintenance will amount to willful neglect. It is now well settled that the matrimonial court has to look at the entire conspectus of the family life and if one side by his or her words or conduct compels the other side to leave the matrimonial home, the former would be guilty of desertion, though it is the latter that is seemingly separated from the other.
If one party leaves the matrimonial home with the consent of the other party, he or she is not guilty of desertion. When the parties are living apart from each other under a separation agreement, or by mutual consent, it is a clear consent of living away with the consent of the other. Desertion is not a single act complete in itself, it is a continuous course of conduct to be determined under the facts and circumstances of each case
In case of desertion, the burden of proof lies upon the petitioner.
The petitioner is required to prove the four essential conditions namely,
(1) the factum of separation;
(2) animus deserendi;
(3) absence of his or her consent
(4) absence of his/her conduct giving reasonable cause to the deserting spouse to leave the matrimonial home.
The offence of desertion must be proved must be proved beyond any reasonable doubt and a rule of prudence the evidence of the petitioner shall be corroborated.
Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.
It is now well settled that the matrimonial court has to look at the entire conspectus of the family life and if one side by his or her words or conduct compels the other side to leave the matrimonial home, the former would be guilty of desertion, though it is the latter who is seemingly separated from the other.But where the husband does not take any steps to effect reconciliation, he is not guilty of constructive desertion. The ingredients of both actual and constructive desertion are the same: both the elements, factum and animus must co-exist, in former there is actual abandonment and in the latter, there is expulsive conduct. Under constructive desertion, the deserting spouse may continue to stay in the matrimonial home under the same roof or even in the same bedroom. In our country, in many homes husband would be guilty of expulsive conduct towards his wife to the extent of completely neglecting her, denying her all marital rights, but still the wife because of social and economic conditions, may continue to live in the same house.
No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.
Mental cruelty can consist of unusually callous, neglectful and deliberately harass conduct, false accusation of adultery or unchastity, false charge of impotency, undue familiarity with third person, deprivation of property, drunkenness, false criminal charge by one spouse against the other, reprehensible conduct, refusal to have marital intercourse, refusal to consummate marriage, communication of disease, demand for dowry
You can move the family court for restitution of conjugal rights and if the directions are not complied with, that itself would be a ground for seeking divorce. Matters of personal intimacy could be proved through oral evidence.
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