No it is no offence or any ground since she is going for work and asked.you to accompany you cannot file any petition or complaint against her.
My wife is travelling to another country for two years on a work assignment . She had asked me to accompany her but I don’t want to go as I need to look after my parents . I do not like her behaviour , although it is her work . I would like to know if this is considered as a negligence on her part towards our conjugal life and can be a ground for divorce .
No it is no offence or any ground since she is going for work and asked.you to accompany you cannot file any petition or complaint against her.
My wife financially contributes to our family but she is also very self oriented and ambitious . I am a freelancer . We do not have kids . I want child . Can I cite this as a reason for divorce ?
Your wife is at liberty go abroad for work purposes
2) if you don’t want her to go abroad and she insists file for divorce by mutual consent
3) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce
Hello,
No you cannot term it her negligence neither is a desertion on her part . Kindly have a counselling before you take steps.
Regards
Your wife not wanting to have a child with you and deserting your companionship to live in a foreign country amount to cruelty and is a valid ground for divorce under section 13 of Hindu Marriage Act.
You can also file for divorce on grounds of desertion but the period of separation should be not less than 2 years.
- As per law, if she is a working lady, then you cannot stop her for going abroad,
- Further, as per Supreme Court judgment, women are expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Hence, legally your wife cannot refuse to live with your parents , especially when they are old aged, and further you are also duty bound to take care of your parent as per law.
- Further, if your wife is not ready to be the mother of a child , then it amounts to cruelty , and is also a valid ground for divorce as well
- If , you dont want to continue with her , then you should take her consent for mutual divorce .
Good luck and dont forget to rating Positively.
Untill and unless there is a dispute you can not ask for the divorce on this ground.
The right of conjugal rights can be exercised but at this moment you may not get any relief and will not be able to stop her.
A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.
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
In your case,
Where a situation or circumstances are created either by actual use of force or by the conduct of one spouse that the other spouse is compelled to leave the matrimonial home, it constitutes constructive desertion of the creator of the situation or circumstances. It is not necessary for the husband in order to desert his wife to actually turn his wife out of doors; it is sufficient if by his conduct he compelled her to leave the house.
Proper communication make your life worst and unpleasant. You must convey the message that you want a child and your wife companionship . If she refuse the same it may become the mental cruelty . mental cruelty and desertion are ground for divorce. If so try for mutual divorce .
Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.
No, but if this continuous 2 years separation agasint your wish than can be construed as desertion.
If the wife has consented to matrimonial sex, it does not mean that she has consented to conceive a child. It is the free will of the wife to give birth to a child or not. The husband cannot compel her to conceive and give birth to his child.
But denying child to father, can be ground of divorce.
Long business trip can not be construed as to neglect the other party unless there is no scope of cohabitation during such long period.
No it can't be a ground for divorce If she is going for her work. But if she is forcing you to come with her then it's cruelty and a ground for divorce
- Going on work in not cruelty
- But not contributing in expansion of family canb ground to cruelty.
Regards
Vivek Arya
1. since the separation is due to financial/job/business reason, therefore it is not a valid ground for divorce,
2. if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you can file contested divorce on the grounds of mental cruelty, but it will take around 3-5 years,
also once you file contested divorce she may/will file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
best option is MCD
Call/mail for a detailed discussion/understanding
1. Going abroad in connection with work is no marital negligence as no marital obligation makes a person to compromise with her career.
2. So going to over seas she makes no wrong and it is your choice whether to accompany her or not.
3. Refusal to bear child is though a good ground for divorce.
sexual relation is also part of marriage. This is also one kind of cruelty. You can file divorce petition for divorce before compentent court.
Yes it can be used as ground for divorce as dissertion and mental cruelty for not performing duties towards conjugal relations.
1. Wife is not supposed to abandon her career ambitions after marriage. Indian jurisprudence has come a long way from the earlier view that the house of husband is the matrimonial home of wife. So if she decided to relocate abroad due to professional assignments it cannot be termed as withdrawal from matrimonial life as husband can also shift with wife.
2. She has the right to be ambitious. This is not a ground for divorce.
This cannot be considered as negligence on her part towards her marital duties.
It is her career prospects which cannot be restricted by the spouse.
If you are aggrieved by her such ignorant attitude you may file a divorce petition stating that this is a mental cruelty and can seek divorce on the grounds of cruelty.
This canot be a ground for divorce however you can cite this a mental cruelty and on that ground you can seek divorce on the grounds of cruelty.