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Manoj Rahane (Computer Operator)     04 August 2014

No response to notice

Hi experts,

Me a physically challenged person. My marriage is arranged & 20 month older. My wife hardly live with me for 2 months & she always refused for s*x & we never s*x. After marriage, mostly she lived at her maternal house by showing cause of her bad health. Her immunity level is low. She never discussed about the problem before marriage. According to her behaviour, she dont want to leave with me & she only looking to get share in my property. She is able to earn & live her life independently. From last 12 month, we dont have any communication.

Me sent her notice (similar to divorce notice) on her maternal house address through a lawyer. The lawyer written to her that she have to return my home within 15 / 30 days otherwise we will take action against her. Approx after 50 days & before few days were left for Court's May month vaccation, she communicated with my lawyer through a phone call, she admitted that she received the notice just now & she shown cause of she was on outing thats why she being late to reply. She also requested him that she want to live with me & she want to call a meeting for it.

She never call meeting after that maybe she was thinking, during Court's May month vaccation, we will offer her money & we will close the matter here, thats why she  talk to my lawyer just few days before of court May month vaccation but we didnt offer her money & nothing. She is really unresponsive about all the matter. She showing no interest in all the legal activities. Actually in last 18 months, 3 - 5 times she make fake promises for meeting & she failed each time. Each time she resident in my home for few days (3 - 7 days) to avoid the meeting & again she was returning to home by showing any causes. She always scared for arrange a meeting. My case side is strong by my point of view. There are many things are against her. Few times she went to maternal house against of my family permission too even after long time already she resident there  too.

Now me want to know, can we publish divorce notice directly in local news paper & can take divorce successfully. Offcourse only that notice is not everything but what if me do it...

My friend circle also suggested me for live in relationship (for no time consuming purpose), as per their knowledge it will nomore affect my case & also me read in a updated family law book that if partner doesnt response on first divorce notice then the party (who filed case) is free to get married without any problem.

Need your valuable reply on above situation. Which way is best for the situation. Which next step should I take...   My age is 30+ & because of my disability, my family worries about my future life. Day by day my mother unable to maintain housework.

Thank you.

Manoj



Learning

 2 Replies

Tajobsindia (Senior Partner )     04 August 2014

1. Appoint a local Advocate.

2. Via him file divorce on grounds of desertion r/w cruelty. 

3. Service Court Notice to her last known address. 

4. If you are firm in seeking divorce then in Counseling sessions disagree to live harmoniously with her in matrimonial home. 

5. Let divorce case proceed on its own course. 

Your friends and updated Law book information is in-correct. 

7. You should not be opting for live-in relationship in the nature of marriage as it amounts to bigamy and if wife finds out she may get easily divorce by filing a counter divorce claim upon you as well as seek more compensation from you as in alimony. 

8. Divorce is not easy in Indian Courts, patience is required. Showing you disability to concerned Court you may seek early hearing dates that is all. 

9. For your old age mother get a servant. People donot get married to tell wife to work as servant at home for her Mother-in-law. people do get old it is law of nature. 

10. In 21st. Century people are getting late married or re-married. Learn it and opt it in life till legal divorce from Court is sought.  

11. If above are not scheme of things to come then support wife via marriage counselor by going into root of acrimonious marital relationships by being supportive to wife least Court cases to be avoided. 


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1 Like

Manoj Rahane (Computer Operator)     05 August 2014

Thx alot friend!

Below is your point number 8...

8. Divorce is not easy in Indian Courts, patience is required. Showing you disability to concerned Court you may seek early hearing dates that is all. 

Generally how long it will take for such special case compare to general divorce case & how long general divorce case take time...

Me hired a lawyer & thanx for your valuable reply & you time spent for me.

:)


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