Can i apply for divorce?

so you mean to say indian courts are not blind but stubborn. i thought law is blind and looks only proofs..

you mean to say that court will rule that even if I was deserted without any reason, and even I am able to prove that I was never cruel to her. even then court will rule in her favor and i will have to give alimony and maintenance...i dont understand that...

my simle query is that what if I am fully able to counter her cruelty and harrasment blames and prove that she deserted me without any relevant justification..what if I am able to prover that she and her parents have been cruel to me rather then i being same to her...

remember that the opponant is also given fair chance for defence & counter claims.

do not forget the factor - Preponderance of Probability.

do fair chance for defence and counter require to be backed by proofs or not? or for women in India its enough to verbaly claim that she was victim of cruelty and thats it?

is opponent specially women not asked to show proofs if she says that she deserted her husband because he was cruel to him..

i have proofs some visual and audible and emails to prove I have been victim of cruelty...do you think my case stangs strong.?

Sooner the better !

But till the same is decided the spouse who does not have means should get maintenance,

@Shonee Kapoor, Sir your answer looks to be logical. A spouse without means should be provided for.

But will my stand that why she did not ask for any maintenance for last two years, specially when she had a son to bring up, and why she is raising alarm only when I am going for divorce, be logical in eyes of law also? I can even prove that she never asked for any thing aftewards. forget asking she did not even contact me by any means. should not that mean that she never wanted anythign from me after deserting me.

I am just trying to collect all the relevant information, as much as possible before proceeding with a major step of divorce.

No that is not logical.

The same can be countered by saying, "I didnot want to come to court at all, I asked through people for maintenance, however once the guy came in court, I had no other option but to contest and put my claim in court."

Also, courts are not bothered about past conduct of the parties while deciding on maintenance during the pendency of the petition only.

But she never asked for any thing through anybody..Infact I had been writing to her emails asking her if she needs anything in hope that she will atleast contact but she never replied.

That is a matter of evidence and assertion.

Remember she would also have a lawyer.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com