Divorce ?
Querist :
Anonymous
(Querist) 30 May 2011
This query is : Resolved
I am one more time asking the same pl.pl.advise me.explain me.
My wife left me with two children in sept 2009, with some dispute between us. I request verbally/telephonic but she reduses. She gave statement to the police stn also that she left the home. I send several letters to the villagers and to tantamukti mandal to sent her back. but nothing happened, after that she filed a case 125 for a maintanance. then I filed a case under scetion 9 to call her back. in both the cases she is still stuck on the maintanance onlty. 125 still going on but under 9 passed the order to pay her intermin main. amt as she applied for. Now can I dismissed the same case and filed against her for divorce is it possible. IN sept 11 two years will complete. Is there is any law for the same. till now she is not showing any chances to come to me. What is the law to file the case of divorce ? Pl. advise me.
Sir, I dont understand PLease can you explain me properly about the above matter requesting you to please explain me again.
M.Sheik Mohammed Ali
(Expert) 30 May 2011
as per law you must give maintenance to your family unless your wife working, even you must give maintenance to your child feature, and if you want live with her you apply RCR case against her. this only sollution
PALNITKAR V.V.
(Expert) 30 May 2011
If the wife has willfully deserted you without any justification and you dont want to continue the marriage, you may go for divorce. Try to settle the things amicably including issue of divorce by going to mediator or consellor.
Bhawani Mahapatra
(Expert) 30 May 2011
If your wife deserted you willfully without proper justification, you can file a case u/s-9 of HMA for restitution of conjugal rights, if you wish to live with her. Also this will help you to substiantiate you case u/s-125Cr.P.C
Secondly if its not atall possible to stay together, then file a divorce petition before the District Court(the reason being she has deserted you for more than two years)
Another way is left with you. Ask your wife for divorce on mutual consent.
This will be more easier way to solve both's problem. For this you can approach the Dist.Court.
You can offer to give her one time settlement amount instead of monthly maintaince, if you lose the case of 125 Cr.P.C
Arvind Singh Chauhan
(Expert) 31 May 2011
If you want to live still with her, let the Sec 9 carry on and pray court for reconciliation proceeding. If it fails then step ahead and you may file divorce after dismissal of Sec 9 (On default or on merit).
