What is the consort when couple is not living together and wife refuses to divorce

Divorce

Divorce, often synonymous as dissolution of marriage. It is when the couples decide to terminate their marriage relationship. There could be multiple reasons why one would terminate his or her wedding. Divorce is the way by which couples legally terminate the wed lock, in cases of mutual indifferences, conflicts and other matters.

Types of divorce

There exists different kinds of divorce in varied sovereign nations and as per different nature of cases. The most common kind of divorces in India are

  • Mutual Divorce
  • Contested Divorce

Mutual consent divorce

The provisions of mutual consent divorce have been mentioned under section 13 B, where the couple doesn’t want to remain married and decide not to live with each other.

Contested divorce

Contested divorce is the way in which one formally seeks divorce from the spouse who is not agreeable to the very idea of divorcing. It is a situation where one spouse wishes to divorce and other does not.

Couple not living together

There could be several circumstances where husband and wife are not living together. There could be multiple reasons why the husband and wife would not live together. There have been incidents where husband and wife are separated but wife doesn’t wish to divorce the husband. In cases where husband seeks for divorce redressal and wife doesn’t, the husband can initiate divorce proceedings by filing divorce petition.

Reasons of not living together

There could be many reasons of a couple not living together. Desertion is the most prevalent phenomenon where couples tend to live apart or abandon each other without a reasonable cause. And when one of the partners abandon the other without a reasonable cause, it certainly becomes the valid ground for filing of divorce. However, in order to establish desertion or grounds of desertion, few things must be proven :

  • Facts of separation and statement for the same
  • The very reason or intention behind desertion
  • Whether desertion was with the consent of spouse or not
  • The reason behind desertion
  • A 2 years statutory period before filing divorce on grounds of desertion is must

There could be other reasons of filing contested divorce in a marriage, such as :

  • Cruelty by either of the spouses
  • Adultery by wife or husband
  • Mental disorder, insanity, or change in behaviour
  • Wife or husband suffering from communicable disease
  • Presumption of death or not getting to hear about either of the spouses
  • When one of them decides to change the religion
  • When husband has been found guilty of rape, sodomy or bestiality
  • When husband is already married

There could be several reasons due to which a husband can file petition for divorce and especially when wife is not living with him. Contested divorces are different from mutual consent divorce.

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