Desertion

NA

HI , myself marrried one year back .

She deserted me in less than a month of marriage.

As per her she is not able to adjust with me, and does not like me and ofcourse being a working woman she needs more freedom as per her.

Myself filed for conjugal rights as we can not apply divorce in one year.

We see that case is getting dragged and netiehr she is telingshe wants divorce.

I would like to file divource. but how I am concerned on filing divource .

Is it beinit for her if I move the divorce petion first ?

DO I need to give her maintainance or any other prperty ?

I see she will not allow for both divorce and stay with me

pls advice how to get out of this loop.

I read in websites that desertion is one ground for divorce, but If she deny it in court how i can succeed ?

 

 

 


 

 
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None

Continue with RCR, wait for 2 yr completion and file divorce based on desertion. Mean while talk about mutual if that works take back RCR and file mutual after 1 yr of marriage. Keep her earnings/ job proof that will help you to reduce alimony.

 
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NA

Do I need to pay her even if she is working ?

 
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Worker

maintenance is granted to the lady who is not able to maintain herself.

do not file divorce right now.

get the RCR in your favour

after that if she does not join you, ur case gets stronger

then file for divorce.

 

advantage of filing the case FIRST :

if her maternal home is far away, you can secure the jurisdiction by filing the divorce first. (easy to play on home ground !!) - she will have to run to HC for Transer Petition.

 

as per HMA, 1995

 

19.     Court to which petition shall be presented

Every petition under this Act shall be presented to the  District Court within the local limits of whose ordinary original civil jurisdiction-

(i)         the  marriage was solemnized; or

(ii)        the respondent, at the time of the presentation of the petition, resides or

(iii)       the parties to the marriage last resided together,or

(iv)       the petitioner is residing ,at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.


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job

I agree with Amit do not file for divorce right now. Because you might end up paying alimony. Let her file for it and then both of you decide mutually what you want ? When she tells you she doesn't want to live with you then you tell her that okay since she has decided that she doesn't want to live with you then both of you should move on to court for mutual consent divorce and make sure you put a clause saying that your wife doesn't need any alimony or support. This should be the main condition in your MCD petition. So just wait and watch........don't do it make her do it.


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Worker

We see that case is getting dragged and netiehr she is telingshe wants divorce.

I see she will not allow for both divorce and stay with me


this strategy is played by ladies just to make u realize & believe the following -

she can make your life a living hell.

u are left with no option.

u can not even negotiate with her.


at last, makes a drama that she is petying on you by giving you divorce. (she offer a huge sum against this, which is her basic intention)


if you feel that the divorce case will be contested, then play this game wisely.


 
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job

@ Amit it's all about money harass husband for a while and then just make it look as if she is doing a big favour to us so that she can go for MCD by making settlment in terms of money. This is the only reason hindu marriages are not sacred anymore. NO MONEY NO HONEY


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Worker

so its always better to STEAL the jurisdiction to our home ground (by filing the case first)

then wife has to run all over.

victory is earier if her matrimonial home is far away / in other state (she has to apply to SC for transfer)

 
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Worker

instead of STEAL pl. read GRAB. (more decent term)

 
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@Amit,

But SC is also reluctant to keep the jurisdiction in Husb place eventhough he files Divorce first. Its very much difficult to retain the jurisdiction in Hus place. MCD is not also possible as discussed that if she wants to harass husb then she will not ready for it. Its really torture for Husb.


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