Want divorce from wife
Neeraj Jha
(Querist) 11 January 2019
This query is : Resolved
Dear Experts,
I had lived 5+ years together from Feb2009 to Jun2014 and have one 6.5 yrs old girl living with my wife separately now.
in Jun2014 my wife fly away from home for that one FIR u/s 346 registered and CRPC 164 statement recorded after her recovery. In statement she stated that she fly away willing fully and now onward she want to live separately with her husband (means me) and her daughter. Statment recorded in Jun 2014.
This was the ground of Divorce that time because she wants to live separately from her mother-in law according to Supreme court judgment "narendera vs K.meena" but judgment came later in 2016. anyway but now it applies.
After her statement of 164 u/s CRPC she filed a 498A case against me and my family but the case was canceled by Superintendent of police but not registered the case against my wife u/s 182 IPC for fake complaint.Since 2014 police did not represented that case report before court. So that report can be used a ground of divorce now after 5 years of cancellation??
Third ground
My wife filed a DV case against me and my family in the court still the case is at argument level. It might take more 6 months. So should I wait for over this case to be used as solid ground for divorce or should I go ahead now?? coz now I feeling so late for divorce.
For information: when my wife flee away from home then I filed a divorce case but later I withdrawn and the case over.
High court P&H cut the maintenance of my working wife but still I have liabilities of maintenance for the child.
queries:
1. That time I was living in Haryana state so I filed the case in relevant session court but since 1 year I have been living in Delhi Dwarka jurisdiction and wife still living in haryana. So can I file my divorce case in Dwarka Court now??
2. Are these grounds enough to obtain divorce now or should I wait for DV case end.
Thank you very much
If I can file case in Dwarka court then I need a good lawyer too.
Vijay Raj Mahajan
(Expert) 11 January 2019
It will be better for you to file divorce case in the same district/state where your wife is living otherwise Dwaraka Court has no jurisdiction as in that district neither you got married, nor you both last resided.
As far grounds for divorce are concerned, if you have evidence to prove the ground of creulty and desertion of 2 years against her, the divorce case go in your favor.
Vijay Raj Mahajan
(Expert) 11 January 2019
It will be better for you to file divorce case in the same district/state where your wife is living otherwise Dwaraka Court has no jurisdiction as in that district neither you got married, nor you both last resided.
As far grounds for divorce are concerned, if you have evidence to prove the ground of creulty and desertion of 2 years against her, the divorce case go in your favor.
Vijay Raj Mahajan
(Expert) 11 January 2019
It will be better for you to file divorce case in the same district/state where your wife is living otherwise Dwaraka Court has no jurisdiction as in that district neither you got married, nor you both last resided.
As far grounds for divorce are concerned, if you have evidence to prove the ground of creulty and desertion of 2 years against her, the divorce case go in your favor.
SHIRISH PAWAR, 7738990900
(Expert) 12 January 2019
You can again file divorce case against your wife in Haryana state. Appoint good advocate.
Dr J C Vashista
(Expert) 13 January 2019
@ Neeraj Jha,
Where ever you got marriage solemnised, consummated or last resided has to be the jurisdictional court. Need not be the only place where your wife is residing.
When you are already contesting so many case(s) in Haryana (you have concealed the exact location) why do you want to shift from that Court ? There is hardly any distance between many Courts in Haryana and Dwarka.
If you feel so, you may contact (on appointment) to me at:
Ch. No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
Cell # 9891152939 email: majjagdish@yahoo.com
