Dear Sir,
I stay in Mumbai and got married in Mumbai in 1989.
I was widowed before 12 years (having a daughter from the deceased wife) and after a year married to a woman (divorcee) with vedic ceremony in Mumbai. After couple of years she left my home with her parents citing some family disputes. I dont have any child from 2nd wife. She never returned to my home after that. After a year of separation she filed a case against me under Hindu Adoption and Maint. Act. demanding exorbitent compansation. In spite of social interventions she was not willing to come back nor ready to give me divorce. I proved that she had willimgly left my home and is earning more than me. So she lost the case before 3 years. I am 48 and presently unemployed for last 6 years (due to this matrimonial probelm as I have to look after my daughter all alone). After that I never filed for divorce or restitution of conjugal rights till now as I was busy with my daughter's education and never wanted to diturb her in either case.. As of now we (me and my wife) dont have any communication with each other. Recently I came to know that she has moved out of her parents house and living with some man (most probably out of india) , either got married to her or as live-in partner as care-taker. I dont know the where abouts of her present place where she stays.
My question is -
1) Can I file for a divorce straight away or
2) First file a for missing complaint under Habius Corps Act and then for Divorce?
3) If I file for divorce, will I get divorce soon citing irrecoverable difference (as we have been separate for almost 10 years)
4) Should I file for a divorce citing adultary on her part as she is staying with other man and if I get divorce then am I supposed to pay any maintenance / alimony under such facts?
Kindly advise me on above what to do next to get rid of this lady from my life (with minimum pay-out) forever as I would like start my professional career (getting job) again and (probably getting remariied if suitable match found) to take care of my daughter's future.You may find this query a bit long. But please help me out as I am suffering a lot. Thanks
