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Wife wants divorse

(Querist) 10 April 2017 This query is : Resolved 
Dear Expert

Please help with proper legal opinion.
My wife is not staying with me for more than 5 years. She lived apart due to medical treatment. Suddenly we have received a notice/petition from court in Form (P)5A wherein she has applied for divorce with allegation of cruelty & desertion. As per this notice I have to attend the court on 20th April. Shall I attend, If I don't attend will it be exparte divorce. Kindly suggest with you valuable opinion.I am giving more details on this. From last 6 years we are not living together. I in outside from my hometown almost for 10 years.I got married in 2010 in hometown which was arranged marriage. After marriage I came back to my job location. One day my Mother found that my wife was taking Tablet. We asked but not disclosed properly. we took him to Local doctor with the tablet and doctor told the tablet is for mensturation problem. She is not getting testosterone hormone due to brain tumour operation happened at 12 years age. we took him another doctor.That doctor also told same thing.I thought I will send her back to her parent house but my guardians told don't do this as you married her you should take her for good doctors. I took her in Cheenai hospital where her parents suggested. Incurred huge money but doctor finally told it is incurable. In the meantime I found some medical papers from her parents where doctor told she will be not be like normal lady. When Chennai doctor asked about why she hide this before marriage she told her mother told her not to disclose.After Chennai she returned to hometown for homeopath treatment as per her parents. She never returned to me for six years. Last two months back she came to my house taken back her belongings and written a statement that she has taken all the articles at her wish & she has no demand on me for future. After that we have received a court summon about the Divorce wanted by her and put allegation about desertion and cruelty and no marriage relation exist hence requested for divorce.
I have checked with a lawyer who suggested that the divorce is requested by her. If you not appear on summon date it will be allowed as per the order/letter in Form No P (5A) of the fast track family court.Due to long separation I don't want to keep this relation with her. Kindly suggest with you expert opinion.
Guest (Expert) 10 April 2017
Better have a convincing discussion with your Wife and Convince her for Mutual Consent Divorce which could be completed in 6 months with out any hurdles to both the side.Ex-parte divorce will not be so easy and other things like Maintenance Orders could be implemented.
BAALASUBRAMANNYAMM (Expert) 10 April 2017
Better to appear before the court on 20th. Otherwise, the court may pass exparte orders against you, in your absence.
Ms.Usha Kapoor (Expert) 11 April 2017
convince your wife for MCD otherwise exparte orders will be passed.
Sudhir Kumar, Advocate (Expert) 11 April 2017
what do you want?
Rajendra K Goyal (Expert) 11 April 2017
Engage a lawyer, discuss with him in detail and proceed accordingly.

Reply the question from expert Sudhir Kumar which is basic information for any further advice.
Adv. Yogen Kakade (Expert) 11 April 2017
Appear before the court and defend the allegations made against you.. engage a good lawyer..
And for further guidance mention full facts.
Raj Kumar Makkad (Expert) 14 April 2017
Appearance before the court is required from your side on the given date. The ex-parte divorce shall not serve much purpose. You may even give consented written statement refuting the charges of cruelty which your wife has levelled against you if she is not ready for the mutual consent divorce. The court in that event shall pressurize your wife to come to the terms of the MCD.
Vasusagar (Querist) 16 April 2017
Dear Experts

I am giving more details on this. From last 6 years we are not living together. I in outside from my hometown almost for 10 years.I got married in 2010 in hometown which was arranged marriage. After marriage I came back to my job location. One day my Mother found that my wife was taking Tablet. We asked but not disclosed properly. we took him to Local doctor with the tablet and doctor told the tablet is for mensturation problem. She is not getting testosterone hormone due to brain tumour operation happened at 12 years age. we took him another doctor.That doctor also told same thing.I thought I will send her back to her parent house but my guardians told don't do this as you married her you should take her for good doctors. I took her in Cheenai hospital where her parents suggested. Incurred huge money but doctor finally told it is incurable. In the meantime I found some medical papers from her parents where doctor told she will be not be like normal lady. When Chennai doctor asked about why she hide this before marriage she told her mother told her not to disclose.After Chennai she returned to hometown for homeopath treatment as per her parents. She never returned to me for six years. Last two months back she came to my house taken back her belongings and written a statement that she has taken all the articles at her wish & she has no demand on me for future. After that we have received a court summon about the Divorce wanted by her and put allegation about desertion and cruelty and no marriage relation exist hence requested for divorce.
I have checked with a lawyer who suggested that the divorce is requested by her. If you not appear on summon date it will be allowed as per the order/letter in Form No P (5A) of the fast track family court.Due to long separation I don't want to keep this relation with her. Kindly suggest with you expert opinion.


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