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anonymous (xxxxxxx)     08 January 2012

Initiating divorce under abandone,ment

dear lawyer

the facts of my case are as follows:-

1. my husband walked out of the house 2 years ago over a tiff with my mother inlaw.

2. since then he has pruchased his own accomodation and lives seperately with his mother.

3. he practicaly visits the house only when he is called to does not take any resposibilty except paying a megre sum as maintenance and school fees of my two children.

4. he documents over email and sms that he would like to reconcile but i am not willing to do so, on the other hand when ever i try to discuss reconciliation with him, he puts unrealistic conditions saying that i have to leave my kids in my mother in laws custody, make up with her etc.

5. i have a feeling that he is building up a case wherein he proves that i am not interested in reconciliation hence he would head for a divorce instead of otherwise considering that laws for protection of women are very strong in India.

6.plese help me to find the right direction and clarity of thought as to what will my postion be if in case he does so

.



Learning

 8 Replies

Adv. Chandrasekhar (Advocate)     08 January 2012

there is no word "abandonment" in matrimonial cases.  but there is a two year "desertion" clause, which entitles a party to seek divorce.  In your case that is not possible to your husband, as you can successfully prove that unreasonable conditions imposed by him are forcing you to keep away from him.

anonymous (xxxxxxx)     08 January 2012

thanks for the revert,

Shantanu Wavhal (Worker)     08 January 2012

seems, u dont want to break up marriage.


if so, file RCR immediately,

2 yrs. desertion already completed

u wont loose anything by filing RCR

also u can resort to DV act provisions.


Adv. Chandrasekhar (Advocate)     08 January 2012

i disagree with the advise of my friend above.  RCR will not solve your problem but give him a way to get divorce.  rcr cannolt restore the marriage, even though you get faourable decree, the husband will not come to live with you or will not allow you to live with him.  unwilling partner cannot be forced to stay in marriage relationship. so forget about rcr.  if you are in financial distress, then you can go for s. 125 cr.p.c. for maintenance.  if you want to stay near to husband but far from MIL, then you can go for dv case and ask for shared residential house.

2 Like

Shantanu Wavhal (Worker)     08 January 2012

even though you get faourable decree, the husband will not come to live with you or will not allow you to live with him


in such situation, wife can file for divorce, 

she now gets a valid ground to ask for exorbitant maintenance

i agree with adv. chandu. 


RCR is win-win game !! 

it will give 2 options - husband will start living with wife / wife gets Divorce + good maint.

revolutionary (NA)     09 January 2012

I am really at a loss of words. The above suggestions given by people are supposedly guys. In a simple case as mentioned by the lady the guys are suggesting she should file DV cases. Amazing you guys are. Its really the likes of you the complications in life of others keep increasing. Do you guys even have a consience.

1 Like

Shantanu Wavhal (Worker)     09 January 2012

use of DV  act provisions can help the wife to reside with her husband &/or maintenance.

i have advised to USE the said act;

Using for righteous purposes is different than Misusing.

Shantanu Wavhal (Worker)     09 January 2012

Zeeshan,

Dosent DV help to regain right of residence immediately to the aggreived wife ?


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