July 20, 2014
Can the courts make either of the spouse to stay together?
Query –
I wanted to know if either of the spouse is unwilling to stay with the other, and is totally unwilling to accept any kind of reconciliaton or mediation, and has just made up his or her mind to get separated from the other, can the law forcibily make the other spouse stay together?, if suppose the husband has made up his mind that he does not want to continue his life with the partner can the court force him to stay? in the event if the divorce case filed by the husband in court gets lost. can he appeal to the court that he just doesnt want to continue with his wife. in such a scenario, what does the court do. besides monthly maintenaince what else does the court do? pls elaborate. thanks
I wanted to know if either of the spouse is unwilling to stay with the other, and is totally unwilling to accept any kind of reconciliaton or mediation, and has just made up his or her mind to get separated from the other, can the law forcibily make the other spouse stay together?, if suppose the husband has made up his mind that he does not want to continue his life with the partner can the court force him to stay? in the event if the divorce case filed by the husband in court gets lost. can he appeal to the court that he just doesnt want to continue with his wife. in such a scenario, what does the court do. besides monthly maintenaince what else does the court do? pls elaborate. thanks
Response –
No court can force one spouse to stay with the other if he/she is unwilling. Matrimonial relationship between husband and wife cannot be enforced by any court of law. If the divorce petition is dismissed then, appeal can be filed on available legal grounds & not on the ground that he just does not want to stay with his wife. The court can dismiss the petition but cannot force him to cohabit with his wife. Besides monthly maintenaince the courts really cannot do anything in such cases.