i am an INDIAN and live in LUCKNOW (UP) .My wife left my house in 22 june 2006, can i get a divorce as there is no contact and no relation with her .?
I was married in 1997 (arranged) and since then the in laws had lot of invovement in my personnel life,i purchased a house worth 20laks in her name (all payments done by me and ther is a loan too in my name from ICICI),on 22 june 2006 she left my house taking out all gold etc and she also never loved me and my daughter.she has not come back and she has since then not bothered to see her daughter too. I am passing a hard time as the basic education ,upbringing is a trouble for me for my daughter. can i get and how could i get a divorce .I have written and sent letters to ssp LUCKNOW THROUGH REGISTERED POST,plz help,i have not gone to court till now as i am in private job .what should i do to get a divorce
2007-06-29 09:55:06 · 6 answers · asked by vinaychoubey 1 in Family & Relationships ➔ Marriage & Divorce
Kaya haal hai Choubey ji ! O.K. last time about 3 months back I tried to remove the 498A IPC ghost but did not tell how to get rid of your wife. Still your case is not so strong that you can go for it now. Reason number one the time period of desertion in your case is only one year but the provision of Hindu Marriage Act,1955 requires that the desertion should be of at least 2 years. Now as far cruelty ground is concerned you don't seems to have any sufficient evidence to prove it, the only factor that can go to show her cruelty is her ignorance towards your daughter but that itself amounts to cruelty towards the daughter not against you for making it the only ground of cruelty for seeking divorce. Now what else you can pray for divorce now is the irrevertibly broken marriage which as such is not a well defined ground for divorce in the Act itself but it is taken in consideration for granting divorce if it is coupled with any of the above mentioned grounds i.e. desertion of 2 years & more or cruelty. So what else is left for you for the present moment to do ? Either wait for one more year & then move the family court for divorce on these grounds mentioned above or move the court immediately for the decree of restitution of conjugal rights on the basis of the letters you sent her & ask the family court for granting you decree of restitution of conjugal right, if after this decree granted you if she fails to join you within one years of passing of this decree you can move family court for divorce on the ground that despite the decree of restitution of conjugal right she has not resumed her conjugal relationship with you & hence you should be granted decree of divorce. So then again after 1 year or more of getting this decree of restitution of conjugal rights you'll be having this ground too for seeking divorce from her. Now you will say I'm just telling you things to happen after one year only what for now ? Ok then go to her in person sit with her settle down to get divorcee with mutual consent, let her agree for it & then you both can move the joint petition for divorce by mutual consent under section 13-B of the HMA, the divorce will be granted to you only after six months of moving this petition. Hope now you understand where you stand for your divorce case & how you have to work out this problem. Ask any clarification from me any time.
2007-06-29 17:17:11 · answer #1 · answered by vijay m Indian Lawyer 7 · 3⤊ 0⤋
Meet with your lawyer for restitution of conjugal rights. It means that she will be given an order by the court to fulfill her duties as a wife within a certain period of time failing which you will automatically be issued a divorce. Good luck.
2007-06-29 17:23:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
well call the lawyer and go to court ur court 2 get a divorse slip or get 1 from a persons who sellz it
2007-06-29 21:27:25 · answer #3 · answered by luvabout 1 · 0⤊ 1⤋
call her home.....talk to her parents. take their suggestion on how to progress as they are also the child's grandparent. clearly your wife does not like you and your kid (she has been away from you guys for a year now)....if this does not work out ...contact a good lawyer. GOOD LUCK!
2007-06-29 17:42:06 · answer #4 · answered by always-smile 3 · 0⤊ 0⤋
Call a lawyer
2007-06-29 16:58:40 · answer #5 · answered by pixey03 5 · 1⤊ 0⤋
wow, your wife left you and your daughter? And you are Indian? That's almost unheard of. Shame on her for leaving her daughter, but don't they usually stone these type of women to death in your culture?
2007-06-29 16:58:43 · answer #6 · answered by ron-D 7 · 1⤊ 3⤋