divoce advice


I was married in December 2014 .sinve then wife didn't shown any interest in husband wife relationship in any way .Tried a lot to know the issue if any bt didn't tell anything except I don't beilve in all these things and the matter was taken with in laws .they came at my home and taken her back .after few days they told. there was planetary problem now she is okay so I decided to take her back in a view we will live happily bt again she did formality by coming at my home under pressure of her parents.and again didn't shown any HW relationship.we tried a lot to know the reason behind it than she told she is not interested in marriage and returned to her home.we tried to take a solution over the matter through family panchayat at her home bt she naarated that m tortuing her etc.and she also told if with them I will suicide. we came back on assurance from her family members that all will okay time is not gd nw so it's gng on.we we're stunned why she did like that.after a long delay of months I bring her back to maintain the marriage bt then only a formality was played by her in playing HW relationship ..and denied she will not do anything in future .the same drama continue for 3-4 days.she was also not interested for any conjugal relationship as well to give any child birth .this drams conitines since December 2015 ..as she is also working in psb bank.so returned back to her home after 3 days .after a gap of 7 months one of meditor tried to resolve the matter and she came back at my home in Jan 2016 for 1 month on leave .I tried to improving the relationship bt she was not at all interested even in talk with him.somehw I managed her for relationship bt she did only for formlaity. during the time she was caught using. antipregnancy pills.i again found cheating .i asked her to leave my home as every time u chaeted whenever u came with me. then she went back in Jan end 2016. in the meantime no conversation took place .bt due to few mediators they tried to convince us despite my denial to bring her back as every time she and her family made us fool that all will oki.and she got transfer to my place of posting in May 2016 .5-10 days goes fine and after few days she got preganant.and when she came to know about preganancy she seems in depression .and on pitty things she started quarrelling and left my flat in July 16 ..I tried to keep her to stay with me for the sake of unborn baby so that baby may take happily birth but she didn't get ready to live and put several allegations and quareel she left my flat and started residing on somewhere else on our place of posting..till July 2016 there is no contact with her and her family .in the means time from one of our known I heard baby got prematured dead in nov.even then they didn't inform us .(don't know whether she made the child to dead as she was not interested to birth any baby) ......and then trfd to her home place in May 2017 as per my information.
we both are working in diffrent psb bank as officers.and in separation since july 2016 .
now plz tell me how can I proceed for divorce .they are not ready for anything so I don't thing mutual divorce will happen bacoz of pressure on her from her parents/family members.
she has totally ruined my life and m unable to focus on my banking work.Please guide me how to proceed for divorce from my side.
as I HV heard if hubby wife are in separation for more than 2 yrs decree can b granted by the courct to the one who gives for divorce.
Now I want leaglly divorce as I can't tolerate such a life in dessertion and full of depression
if any other advise please advice me.
thanks very very much
 
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Yes I can file divorce on the ground of desertion, and creulty as per the facts narrated by you but, I will suggest before going into legal battle prepare yourself thoroughly gather as much as evidence u can about your all family meetings and all as later she can file cases on you and your family members too.

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Yes I can file divorce on the ground of desertion, and creulty as per the facts narrated by you but, I will suggest before going into legal battle prepare yourself thoroughly gather as much as evidence u can about your all family meetings and all as later she can file cases on you and your family members too.
 
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thank for replying Sir.
sir I want to know the last we resided together in Mumbai .now she trfd to Delhi but I m in Mumbai only.can I file divorce case from here in mumbai.if I does it from Mumbai what r the chances of transferring the case to haryana/delhi as per her request.she is posted in Delhi but we both HV home state haryana .
2nd .suppose I file case from Mumbai and then I get trfd to haryana which is due in August bt not 100% sure .in that case can I trf the case in haryana or will it be a complicated deal to trf the case to haryana if I trfd there .
please give ur valuable advices
 
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Advocate

Yes, you ca file for Divorce on the ground of cruelty and desertion. However, the view that the Court grants the Divorce to the one who gives, or im assuming files, for Divorce is incorrect.  Desertion has to be proved. 

Yes, you can file in Mumbai. She can appeoach the SC to get the case transferred. 

 
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madam please calarify how can I prove dessertion ..u know a banker life is full of workload and if such incidents happens the life becomes worst.i request you how can I strong my case to get legally separated from betrayed girl.
and one more thing u didn't reply
if I file case from Mumbai and then I get transferred to my home state haryana in this situation can I trf the case in haryana...for we both HV to come in Mumbai on notices
 
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Advocate

The best course for you is to file divorce case not in Mumbai but in Delhi or the district in Haryana wherefrom she has come or her parental home exists. Presently she's in Delhi and that can be better option, this will prevent uneccassry filling divorce case in Mumbai court than getting it transferred to Delhi court, the money and time spend in all this mere wastage.

Contact me for filling divorce case in Delhi/Gurgaon Family Courts based on her place of work and residence in Delhi/Gurgaon.

vijaymahajan5758@gmail.com


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Advocate

Originally posted by : harish vats
madam please calarify how can I prove dessertion ..u know a banker life is full of workload and if such incidents happens the life becomes worst.i request you how can I strong my case to get legally separated from betrayed girl.and one more thing u didn't replyif I file case from Mumbai and then I get transferred to my home state haryana in this situation can I trf the case in haryana...for we both HV to come in Mumbai on notices

Firstly desertion has to be a continuous period of two years.  If you have stayed together for even one day during that period, desertion will not be considered.  Most importantly, it must be wilful. It is a difficult and tricky ground to prove so apply on the ground of cruelty too. 

You can apply but whether the same will be granted or not cannot be assured. I would advise you to wait for a few months then so that you can get some more clarity on the posting. Whether you can directly file at Haryana also has to be considered as per the provisions of Sec 19, HMA 

 
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thank very much Madam........
 
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Request to other experts please give ur valuable advice on the query .. as she is not in contact with me in any way since 9 July 2016. Will it be better to file case(on dessertion basis) now or after completion of 2 yrs of separation . 2.wht precaution I HV to take before filing for divorce related to my fiance's or other assets. 3.As we both r in permanent job working as officers in psb Banks ..even though can she demand maintence from me?? 4.For filing case on dessertion basis what I HV to prove to make my case strong ....but it's fact we are not in contact since 9th July 2016.. and I couldn't file any case due to very busy schedule in bank as an officer .please let me know can I file case from my home city in haryana where she came after marriage .. 5. From some sources now i came to know that she was engaged earlier to marriage with me ...She always used to keep her phone silent and with her Custody only at each and every moment .So now I m suspected she may HV any affair but I'm not sure.Is it legal to get call details of her if possible.... Please please reply respected laweyers...How can I get rid from this .I also tried for mututal divorce when she stayed with me for few days intermittently as she was not interested in me in any way it seems it was a pressurize marriage by her parents I tried my best and best to keep the relation alive bt finally I had to say for mutually legally separated ....please help me out elated experts. Thank very much What are the chances of her to file dv and dowry cases as a counter to my case..we have not taken a single Paisa in marriage even then she can file dowry case. Please help me hw to come out from this situation
 
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