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Divorce on grounds of desertion

(Querist) 13 October 2016 This query is : Resolved 
Hello Sirs,
I am 51 yrs old person and my wife is 47 yrs. We have 2 adult children.
My wife left my home in February 2013 to her parents home in another state and refused to return despite my requests and advice of relatives and friends. I sent her a notice through advocate during April 2015 and not getting any response filed for divorce during May 2015.
Since she was avoiding the court notices, I gave a newspaper publication in the state of her present residence after court allowed for it. Even after that she has not attended the court. Court declared her ex-parte and posted the matter for petitioner evidence. I have filed evidence affidavit and process of marking the documents is completed. Now matter is posted for hearing.
As per the above, I have the following queries.
1. What does hearing mean and what is the next step court will take. Within how many days max. can I get the divorce.

2. Is my wife entitled to claim maintenance even if she has deserted me and I get divorce on that ground.

3. What happens If my wife comes to court on next court date.
4. can my wife tell the judge that she is not interested for divorce and can the court ask me to accept her in this stage of the case?

Please help me with your reply.
adv.bharat @ PUNE (Expert) 13 October 2016
The no of day to get divorces is not fixed.
Yes she can claim it as of her right.
Yes it is depend up on her wish and will. If you both mutually agreed for not taking divorce then court proceed accordingly.
BN (Querist) 13 October 2016
Waiting for some more replies from other eminent experts / lawyers.
Rajendra K Goyal (Expert) 13 October 2016
1. The case would proceed in her absence, may finish in 2-3 hearing.

2. Maintenance can be claimed, you should prove her income, she deserted / left you voluntarily. Let the court arrive at any conclusion. may go for appeal if maintenance allowed.

3. Court may allow her to join proceedings to give her full chance to present her side.

4. She can ask, court can not force you to live with her, can dismiss your divorce case on merits.
adv.bharat @ PUNE (Expert) 13 October 2016
Noting more to add since expert have explain it in detail.
Kumar Doab (Expert) 13 October 2016
You can benefit from the suggestions of Expert Mr. Goyal.
BN (Querist) 13 October 2016
Thanks Mr. Goyal.
It is me (husband) who has filed for divorce. You wrote that I have to prove her income. I'm confused. Please clarify.
Also I want to know what is the max. amount of maintenance the court can order and can she demand any share in my self owned properties.
BN (Querist) 13 October 2016
Thanks Mr. Goyal.
It is me (husband) who has filed for divorce. You wrote that I have to prove her income. I'm confused. Please clarify.
Also I want to know what is the max. amount of maintenance the court can order and can she demand any share in my self owned properties.
BN (Querist) 13 October 2016
Thanks Mr. Goyal.
It is me (husband) who has filed for divorce. You wrote that I have to prove her income. I'm confused. Please clarify.
Also I want to know what is the max. amount of maintenance the court can order and can she demand any share in my self owned properties.
Rajendra K Goyal (Expert) 13 October 2016
If she is employed, her salary slip / IT return copy / employer's evidence, other witness etc. can be produced. Discuss with your lawyer.

Court may award 1/5 to 1/3 rd of your monthly income as maintenance.

She may claim your property, court may / would not accept such demand.
BN (Querist) 13 October 2016
She is not employed. Both my children are adults. I got my daughter married & son who is 25 yrs old is with his mother. Both are trying to claim share in my properties. I am currently not working.
Ms.Usha Kapoor (Expert) 14 October 2016
If she has deserted you it is her wish. The court will pass exparte orders of divorce in her absence. Herring means posting the ease for chief, cross and reexamination and then Arguments etc. A divorce case takes at lest 3 years to get disposed of. If both of you want reconciliation no body could stop.Court will pass orders accordingly. If you appreciate this answer please click the thank you button on my profile.
PS: If she deserted you and it is her fault you have got to pay maintenance to her till she gets remarried.
P. Venu (Expert) 14 October 2016
Let the Court give its decision.
Kumar Doab (Expert) 14 October 2016
The 25 year son can work.
BN (Querist) 14 October 2016
Dear Mr. Venu, obviously the court shall give it's decision. The reason for posting this matter in this site is to get opinions / suggestions / comments / answers to various queries regarding the case. Hope the purpose is met.
I eagerly look forward for some more responses from other eminent experts / lawyers.
Rajendra K Goyal (Expert) 14 October 2016
You should submit in the court that son is with her and is qualified, can earn.

Their claim on property in your name would succeed is doubtful.
Kumar Doab (Expert) 14 October 2016
Expert Mr. Rajendra K Goyal has illustrated.



You can benefit from the suggestions advanced.
Kumar Doab (Expert) 14 October 2016
Husband is liable to maintain wife, children.


Educated wife, son,daughter can also be expected to work,earn and fend for themselves.


You have posted that:


"Both are trying to claim share in my properties."



You may post details, how?
BN (Querist) 27 October 2016
Dear sirs, in case of exparte divorce decree, is there a appeal period ? If so what is the normal appeal period
Rajendra K Goyal (Expert) 27 October 2016
When the case decided?

What is the opinion of your lawyer?
Guest (Expert) 27 October 2016
Ex-parte divorce does not guaranty immunity from further appeal or grant of maintenance.

She can challenge the divorce and also can claim maintenance at an opportune time depending upon circumstances and the characteristics of the case. You can be made liable to prove desertion any time.
BN (Querist) 28 October 2016
I wish to know if there is a time limit for such appeal or not for challenging the divorce. Maintenance is understood but what if I want to marry again. After how many days / months from decree, second marriage is possible.
BN (Querist) 29 October 2016
Dear sirs, waiting for some opinions / replies to my above query, from learned experts.
adv.bharat @ PUNE (Expert) 31 October 2016
BN u can consult local lawyer for that.
Guest (Expert) 31 October 2016
In fact, your questions are of academic nature and you want the experts to act like an astrologers to predict, what your wife can or cannot do.

If there is any reality in your case, you could better have asked your own lawyer.

About your latest question, everything depends upon your wife whether she prefers or not to file appeal. About time limit, that also depends upon the judge if grants condonation of delay, if apeal is filed with delay.

You should not have tried to get divorce ex-parte.

Now for further course of action you may better rely on your own lawyer, as academic questions have no relevance for any opinion without going through your petition documents & judgment.

Rajendra K Goyal (Expert) 31 October 2016
She can file appeal in 90 days of the decision in normal course.

Guest (Expert) 31 October 2016
Anyway, 2nd marriage in ex-parte divorce is not suggested.
Kumar Doab (Expert) 31 October 2016
Your queries have been responded.

Your own lawyer that is well versed with case and file can advise you further.
BN (Querist) 31 October 2016
Dear Mr Dhingra, I have detailed my case in the beginning. In the situation explained above, I had to try for divorce in this manner since my wife was not interested to take part in the court proceedings for reasons best known to her.
She has left me on her own will, did not care to take divorce legally and releive me but me unable to go for 2nd marriage in exparte divorce is just another punishment. It is not justified. There should definitely be some legal solution in such type of case
Guest (Expert) 31 October 2016
I have expressed my opinion very sincerely only in your own interest, decision rests on your own wisdom.

Although divorce can be taken as plea for remarriage, but what if she comes forward with DV case and also try to prove your intention to get divorce only to make 2nd marriage?
Kumar Doab (Expert) 31 October 2016
You have posted that:


"Since she was avoiding the court notices, I gave a newspaper publication in the state of her present residence after court allowed for it. Even after that she has not attended the court. Court declared her ex-parte '




All of your queries have been responded.


Expert Mr. Rajendra K Goyal has advised you in his last post.

Your own counsel must have advised you on, avoiding to receive notices, newspaper publication,Ex party, period to appeal etc....etc.............





Did you check to find if she has remarried or is in live in relationship?



Do you want to remarry?

If yes , then you may check with your counsel.




LCI Expert Mr. Shonee Kapoor specializes in such matters and has started an initiative for harassed men.



He might be at your location.

You may check with him for his opinion.

You can log onto his profile and contact him.





Rajendra K Goyal (Expert) 31 October 2016
You can be benefited from the advice from expert Kumar Doab.
BN (Querist) 31 October 2016
In an earlier query on the same matter a year back, Mr Sainath Devalla and Mr. Rajendra Goyal had advised me to pray to the court to proceed exparte and grant divorce. Accordingly I have proceeded.

In fact the 2nd notice from the court was received by her but the acknowledgement got delayed. I raised a compliant with postal dept. and got the proof of delivery of the notice directly delivered to the court and the same is available in my case file of the court. But the above process took some time , by that time court ordered fresh notice and refused to consider the proof of delivery after that. The 3rd notice returned unserved and then we filed application for paper notice, which was allowed.
My wife has not married again nor she is in live in relationship. I came to know from some of my relatives that she has an affair with some married person.
I am alone since 2013. After 2 yrs when all attempts to bring her back failed, I first gave notice through my lawyer and when she didn't respond, I filed in court. I am facing several problems health wise & mentally. I had to leave my job because of all these problems. Now I really need a companion so I feel remarriage is the solution.
Look forward for suitable comments on the above.
Rajendra K Goyal (Expert) 01 November 2016
Discuss in detail with your lawyer. Try to find out whether she has filed any appeal in the case or not and if not, proceed as per advise of your lawyer.

Certain other factors are considered while submitting appeal like time taken in getting copy of the decision etc..
Kumar Doab (Expert) 01 November 2016
You have posted that:


"In fact the 2nd notice from the court was received by her but the acknowledgement got delayed."


The fact remains that notice was delivered.



"I came to know from some of my relatives that she has an affair with some married person. "


Gather evidence.


Rest you have been advised.

Further your own counsel can help you.
Rajendra K Goyal (Expert) 01 November 2016
May move as advised by the expert Kumar Doab.
BN (Querist) 02 November 2016
Dear Mr. R.K.Goyal,
She has not filed any appeal. If she really wanted amicable solution for staying away from me, she would have preferred mutual consent divorce or would have attended the court proceedings and put her arguments. But she is deliberately avoiding the court proceedings probably to play the victim card later, that she was totally unaware of the court proceedings. She also thinks that divorce is not possible without her consent or without her participation in court proceedings. Even I cannot remarry because of the same reasons.
My lawyer is only interested to get the case disposed, I am unable to get proper advise from him. Hence I have chosen this platform for getting proper advise / comments from eminent experts available here.
Kumar Doab (Expert) 02 November 2016
It is good to note that another querist got benefited from the advise of Experts at LCi.



It is indeed good to note that the querist has come back to acknowledge the Expert Mr. Rajendra K Goyal, Mr Sainath Devalla.
Kumar Doab (Expert) 02 November 2016
You have posted that:



--- "She has not filed any appeal...................But she is deliberately avoiding the court proceedings probably to play the victim card later, that she was totally unaware of the court proceedings...........................My lawyer is only interested to get the case disposed, I am unable to get proper advise from him."



Regret, can't anticipate that your own counsel/lawyer has not appraised you on what next can happen in your matter and what next is to be done by you!



Your counsel/lawyer has concluded the matter for which you engaged him/her.


Hope you shall take it positively.



If you are not getting proper advise now from your counsel/lawyer then you may obtain 2nd/3rd............. opinion from another senior/seasoned/expert counsel at your location.





--- "In fact the 2nd notice from the court was received by her but the acknowledgement got delayed."


The fact remains that notice was delivered.


"Since she was avoiding the court notices, I gave a newspaper publication in the state of her present residence after court allowed for it. Even after that she has not attended the court. "




Your own counsels have already advised you that: She has not appeared.The court has not proceeded for Contempt of Court and has decided the matter Ex.Party.



The time for appeal was asked by you and responded by Mr. Goyal.




Probably you have inquired and you know for sure that the period is over or not.




Your own counsel must have advised you that now would there be any 'sufficient cause' that prevented her from appearing or any merit in it?



Discuss with case file and all inputs with your able counsel, at your location.




Rajendra K Goyal (Expert) 02 November 2016
Do not feel pressurises, let the case move in routine manner. Can gain benefit from the advice by expert Kumar Doab.
BN (Querist) 15 November 2016
Thanks all of you experts for your advise and comments. I shall keep you updated of the developments and come back for any further advise, if required on this matter.
Guest (Expert) 15 November 2016
You are welcome.
Kumar Doab (Expert) 15 November 2016
You are welcome.

Wish you the best.
BN (Querist) 28 February 2017
The court has granted exparte divorce on 4th November 2016 and as per experts saying appeal period is 90 days, the period is over on 3rd February 2017. I have preferred a 2nd marriage and applied for court marriage in another state (residence place of my would be wife). The process will be completed in the 1St week of march 2017. As per advise of experts on this platform, I hope everything is being done legally and there is no problem in future.
Guest (Expert) 28 February 2017
Have you made any News Paper Publishing before your Divorce with regard to your Court Case.
BN (Querist) 28 February 2017
Yes,
It was already mentioned in the above trails along with detailed sequence of events
Kumar Doab (Expert) 28 February 2017
You could have acted as suggested in last post of Mr. N.J.S.Rajkumar.
Kumar Doab (Expert) 28 February 2017
If you have done it , it is good.
BN (Querist) 28 February 2017
Yes sir, newspaper publishment was given. In fact we had requested the court for it & the court had allowed it. Subsequently, due to her non appearance even after paper publication, she was declared exparte.
I wish to have opinion of eminent experts regarding my remarriage and it's registration in court, which is scheduled next month
BN (Querist) 28 February 2017
Yes sir, newspaper publishment was given. In fact we had requested the court for it & the court had allowed it. Subsequently, due to her non appearance even after paper publication, she was declared exparte.
I wish to have opinion of eminent experts regarding my remarriage and it's registration in court, which is scheduled next month
Kumar Doab (Expert) 01 March 2017
Thanks for agreeing Mr. Rajendra K Goyal.
BN (Querist) 07 March 2017
Dear sirs, after expiry of 90 days appeal period (divorce decree dt. 4.11.2016) and completion of 30 days notice period for re marriage application, the marriage registrar at guwahati has refused to register the marriage saying that I can apply only after 6 months.
I wish to know if he was right and what the law says about remarriage, after how many days from the date of decree a person can remarry. Please help me by giving your suggestions in this matter
BN (Querist) 08 March 2017
Dear sirs, I request comments / suggestions to my trailing query posted yesterday, from eminent experts on this platform.


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