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oldman (officer)     16 October 2013

Divorce by desertion

Hello friends,

 

  1. Me and my wife have been married for over 11 years and have no children. We had been living separately for the last over 3 years. This was due to the nature of my job which is transferable. During the course of the last 3 years we have met once every 6 months and have been in communication through e-mails, sms and phone calls. I have also been paying her on the monthly basis by cheque payment. In addition, my parents have also been in communication with her over the phone.

 

  1. Due to various unacceptable differences over the last many years, we decided to separate. In December 2012, we filed for a mutual divorce which we later cancelled on the date of the hearing in June 2013. I also signed an agreement with her that we will decide on the future of the relationship and about having a child after she has observed me for 1 year, During this year I was to pay her a fixed sum of money every month. In case, at the end of the 1 year period we decide to part, then I have to pay 50% of my Provident Fund and also monthly maintenance of Rs 20,000/. However, after a few days, during which I stayed in her house for 1 day without any physical relation, we again decide to part.

 

  1. The lawyer adviced my wife to file a petition on grounds of desertion, saying it will be the fastest way to resolve it.  My wife has thence filed for a divorce case on the grounds of desertion in August 2013. In this petition, the lawyer has said that I agree to pay her a lumpsum amount at the divorce. My wife earns almost equivalent of my pay and that is sufficient to support herself comfortably. She also has property in a metro which is worth many times all my assets put together. However, all the conditions of alimony are agreed to by me, in order to facilitate quick resolution of the case.

 

  1. Our basic requirement here is the early resolution of the case by a decree of divorce. I also am willing to pay her all that she has asked for.

 

  1. My queries in this regard are the following:-

 

  1. Is divorce due to desertion an applicable ground?
  2. If this accepted in this case, what will the Judge likely to ask, so that my wife can be prepared to answer them correctly to convince of the ground of desertion?
  3. How many hearing will be required?
  4. Since I have deserted her, is it correct for me to be present in the court. Or should only me counsel be present.
  5. What is the earliest likely period it can get resolved in?
  6. Can it get prolonged, and if yes, how long can it stretch?
  7. If the courts are closed for months due to certain reasons like strikes etc, can she shift the case to my her native state.
  8. If the above is not possible, then is it possible that we can file for a mutual divorce in her native state; and upon filing that, she can withdraw the petition filed for divorce on grounds of desertion? 

 

regards



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     16 October 2013

repeated https://www.lawyersclubindia.com/forum/How-much-time-will-it-take-90525.asp

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