(Querist) 14 July 2009
This query is : Resolved
Dear Experts, After leaving me, my wife stayed at the staff quarters for 2 months and subsequently got her job transfered to her hometown, If I get these details through RTI, is it enough for prooving desertation,if I go for divorce? (we are living separately for 2 years). Please reply.
Banshraj R. Singh
(Expert) 14 July 2009
Your querry is not clear. if she has got her job tranfered to her hometown with your consent and within your knowledge in that case it is difficulte to prove desertion. If you give more detail that will help me to clear your querry.
(Querist) 14 July 2009
Dear Experts, My wife left my house when I was out of station on office duty.She has taken all the jewels and other articles. She left me without my knowledge and consent.When she was staying at Govt.staff quarters,I visited her and asked to live with me,she refused.Then after her transfer to her hometown,our relatives and friends visited 3times and asked to comeback.She is not willing.Now after nearly 2years she files a false dowry complaint.That's why I came to this conclusion.Please advise.
(Expert) 15 July 2009
The very fact that she has stayed away from you is sufficient for divorce. But you have to prove that she left without your knowledge and consent. It is her right to take her jewels and other articles. You should also prove that she voluntarily took the transfer, and that the govt. did not transfer her.
Would like to ask you if you ever went to her or both of you spoke or communicated with each other, anytime after she left home? as you have mentioned thta your relatives and friends visited her.
If you want a divorce, you can file it straightaway, while proving the first para which I have written.
(Querist) 15 July 2009
Dear Experts, After she left home I visited her staff quarters to convince her to comeback, my relatives and friends went her parents house,asked them to send her back. I contact her through mobile, most of times she abused me,my parents and sister.I have recorded all the conversation. 2times I visited her working place to see my daughter. No other contacts. Thanking you.
While it is pathetic that your wife deserted you in this manner, please note that divorce is not the right solution for the same especially when you have daughter who will be the ultimately victim of such an eventuality for no fault of hers. Therefore, I would suggest you should explore further to have an amicable solution for bringing her back. If every effort is infructous, then only the question of divorce can be thought of for which your details are supportive enough