jayaseelan (jubail) 12 January 2014

Divorce

Dear sir

iam jayaseelan iam working in saudi arabia last two years and i had marriage on 2010

my marriage life is not satisfy with my wife and she not willing to share the s*xual feel with me but i hope she basically she have no interest in family life. i consult an psychologist with my wife one time he say as per one time investigation also say she not interest in the s*xual and family life

i wait for three year, and i lived with her in saudi arabia one year but nothing change so iam decide to get divorce.

but now me and my wife not live together i left her in her parents home.and their parents also not cooperating to convince her to make understand.

plz help me how get divorce from my wife and i want to know what is the procedure to apple case in court from my side without going to india what is the paper need any attestation

kindly help me what is the procedure to apply divorce

mail :tmjjai@gmail.com

thanks

jayaseelan

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4 Replies

Biswanath Roy (Advocate) 13 January 2014

As to your case it is better to file a mutual Divorce petition signed by husband and wife. You will get divorce order within three months but if you alone file a divorce petition you shall have to face lengthy proceeding that may take three years for disposal. So I advice you to go for mutual Divorce to be signed by husband and wife and submit the same before family court. In this case you shall have to give at least two days attendance thereafter your lawyer can represent you showing reason that you are working at Arab country. You convince your wife and your in laws for mutual divorce - B. N. ROY, Senior Advocate

T. Kalaiselvan, Advocate (Advocate) 14 January 2014

If she is totally hostile to the family life,i.e., cohabitation and other family needs, and not interested in running the marriage institution or cooperating with you and voluntarily abandons the married life, you have a chance to ask her to give her consent for mutual divorce so that everything goes on smoothly and that you can choose another girl as your wife in the subsequent marriage. For this arrangement you have to be present physically before the court for first motion and the second motion which will be posted six months after the first motion. Suppose she is not willing for mutual consent divorce, you can file a petition on the grounds of non-cohabitation and seek dissolution of marriage by a decree of divorce. For this you can appoint a GPA for filing the case and you need to be present while deposing evidence. The papers needed for divorce petition is your wedding invitation card, joint photograph, photocopy of the ration card/any address proof.

jayaseelan (jubail) 14 January 2014

Dear sir

thanks for the advise

But i am already sent the notice to my wife and she sent reply for my notice like my averments are false and she like to live with me so i have to take back her with in one week otherwise she will go to court for the conjugal rights.

I want to know in this time it is good to go to her and ask for the mutual divorce is it possible and i need to inform to my advocate are not.

In my plaint rule HINDU MARRIAGE ACT 1995 SUB 13(i) (ia) (ib) my advocate try to apple the case and he sent the papers to my to saudi country for the signature and he need attestation in this papers from notary public but in saudi no notary public advocate so iam confused where i have to get the attestation my advocate says go to indian embassy it is ok for that

kindly help me for that

thanks

Biswanath Roy (Advocate) 15 January 2014

It appears that your wife is reluctant to give her consent for divorce, so I am afraid she shall not accept your proposal for mutual divorce as desired by you. Inspite of such a position if you go for divorce she shall express her desire for restitution of conjugal right which shall make your divorce case infructuous..Better you adopt indoctrination and adjust yourself with wife keeping it in mind that in this modern era women are also possess independence spirit. Give her a long rope.