Sekar (Self) 20 April 2014

Divorce after 35 years

Dear experts,

Husband deserted wife 35 years ago. Wife approached court and has been receiving maintenance for almost 33 years. Now, husband sends notice for divorce. However, wife is not ready to give him divorce..

Will the court favour the husband's petition for divorce as wife and husband lived separately for many years under IRBM?

Please advise... thanks

sekar

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6 Replies

gautam (not disclosed) 20 April 2014

On what grounds will the husband file for divorce?

Mental Cruelty?

Laxmi Kant Joshi (Advocate ) 20 April 2014

Yes , you can file divorce on the ground of desertion , after divorce also you have to give her maintenance amount as you are giving presently.

T. Kalaiselvan, Advocate (Advocate) 21 April 2014

35 years of separation will be a good ground for divorce, let him file it, chances for the events to turn in his favor are brighter.

Sekar (Self) 21 April 2014

@ T. Kalaiselvan, Husband has served lawyer's notice seeking divorce on the basis of desertion (34 years) and received today. He has put contradicting and illogical statements. He has given 5 days time to give consent for divorce or he will initiate legal action. Query is: 1) Should we reply to the legal notice (or) 2) Wait till he files petition in the court and summon comes to the wife and then we file reply in court? 3) If we do not reply to the lawyers's notice, will it affect the wife in litigation? please advise. thanks

Shantanu Wavhal (Worker) 21 April 2014

file petition - prove grounds.

no other option.

Sekar (Self) 23 April 2014

@ experts, in the legal notice to wife, husband has made false allegations against wife's brother. Can the wife's brother send a separate legal warning notice to husband for making such false allegations against him?