No mutual divorce and leaving marriage

5 years ago

My husband will not agree to mutual divorce. He already resides in a different country. I want to leave and move to a different city for work and not pursue divorce anymore. Im told this is running away and I can be forcef to go back. Is this true.

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Prabhakara S K Shetty

Responded 5 years ago

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A.Though you cannot be forced to go back to him ( Saritha`s Case), you will have marital obligations and can be made to attend courts. if you do not want to re marry, you can leave to a different place. A decree of restitution of conjugal rights cannot be enforced on you.

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Ashish K Dongre

Responded 5 years ago

A.You better consult lawyer for more details

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pournima tungatkar

Responded 5 years ago

A.If you are staying separately without any reason then it is the cause for your husband to obtain decree for restitution of conjugal rights. Once such a decree is passed you will not get divorce in future. You being a wife petitioner can file petition for divorce wherever you stay. Staying seaparately without any reason amounts to cruelty to other spouse.

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Ambrose Leo

Responded 5 years ago

A.As long as the marriage is valid all the consequences will follow. It is better to consult a family matter lawyer from panel of Vidhikarya to protect your interest & marriage impediments.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Madam
You get at least ex parte divorce and be at ease otherwise your husband may claim you at any time.

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Abhimanyu Shandilya

Responded 5 years ago

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A.Have you already filed a mutual divorce case?
You see if you go away from your husband then he can ask you to come and stay with him as per the law ( assuming you are Hindu). But it all depends on the court that how court will react to the petition field for restitution of conjugal rights. You better consult a lawyer and discuss your matter in detail.

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Anonymous

Replied 5 years ago

He lives in Australia and does not want to live with me as he has a job there. Im alone in India with 4 kids. Im from new zealand and married under special marriage act We cannot agree on settlement so no mutual divorce has been filed.

Abhimanyu Shandilya

Replied 5 years ago

Are you based out of India or abroad? It will depend on where are you right now and what exactly are you looking forward to?

Anonymous

Replied 5 years ago

Im in India. He is not. I want yo move from rural west bengal to delhi where i can work. He has stopped sending me money so I need to do this.

Anonymous

Replied 5 years ago

I have bern told that if I leave it willbe considered to be a runaway. That the police will force me to return.is this correct?

Abhimanyu Shandilya

Replied 5 years ago

No police will not do anything.
Secondly you can demand maintenance from your husband through court for yourself and your children.
Are you near by Kolkata? If yes then plz come to meet me for all advice. If not then you can take advice over phone
For that call Vudhikarya Toll free no. 18001203313 and set up an appointment with me. This will be paid advice.

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