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Senthil Ganapathy (Mechancial Engineers)     03 November 2014

Nri - want to divorce my wife

Hai, My name is Senthil and living Saudi Arabia. I had got married on
November 2012 in Tamilnadu. I came to Saudi for job in middle of January
2013.
From starting day onwards, between me and my wife the terms are not good.
My wife relationship people never respected me. So i never visited their
home.
My wife refused to come and live with me in saudi and i had issued the Visa
and asked here to come and she just telling me to come to India and pick up
her from her father home and i told that i can come to chennai airport or
my to father home and i will not come to your father house as they had
never respected and treated me properly.
In any plkace she never tell frankly that she does not want to live with me but she did not want to live to live with me.
I want to get divorce from her, please help me in what way i need to apply for divorce from her.



Learning

 2 Replies

Tajobsindia (Senior Partner )     03 November 2014

@ Author,

 

1. When (month/year) you got spouse Visa issued in her name is not known ? How you are communicating with her to come and live with you is also not known? 

 

2. If she is requesting you to you to come to her home and from there take her with you then in absence of any other private issues it is suggested to follow such private requests instead of breaking a marriage. Her parents - relative not respecting you is no ground to break your marriage ! She vehemently requesting you to come to her home to take her with you is also not a ground for her to refuse to live with you. After marriage a lady goes to her husband's place to live with him and with consent of husband she visits her natal home which is Asian practice in marriage.  

 

3. But, many Courts have now-a-days said that wife not accompanying husband to place where he works is neither "cruelty" nor "desertion". It depends how one argues in Court. Keeping such odd succinct views of Courts in absence of any other valid ground (other than para 2) I see difficulty in filing divorce suit matter with results in your favor unless 'constructive' desertion is proved by your side with proofs of making of such offers and her constant refusals. Letters exchanged, hotel bills (MAA Apt.), Visa sent to her, money transfer to her a/c to make travel arrangements to come to your place of livings etc. are such proofs. 

 

4. However, after trying persuading her to join for 2 years and 'constructive' refusal from her to live with you at your current place of living overseas, one may file divorce under 'desertion' ground. To use ground under 'desertion' the other spouse have to be shown to be living separate without valid reason with an intent to break marriage. For the same you need to appoint a local advocate found via reference and after due diligence. 

 

[Last reply]

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T. Kalaiselvan, Advocate (Advocate)     06 November 2014

You need to have strong grounds for divorce.  You may file divorce petition from the place where you both resided last or in the place of marriage or from her place present residence. Do not venture into sudden thought of divorce because to get a divorce is not a short time course, the proceedings will run for years, you may have to forget your career at Saudi if you have filed a case here in India, think all the pros and cons and decide further course of action.


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