veer pal singh
(Querist) 29 May 2008
This query is : Resolved
hello sir,plz read this very carefully and give suggation.......... i got married 13/5/2005 work in meerut.after some time i got T.B(disses)my wife live with me at that time.but know about my disses she call her brother and go to her home.she lived with me only 40days.24aug2005 my elder brother died accidently she come with her brother and go back second day after crimination.till now she don't intersted to join me.i file asuit against her under sec.9of hindu marrige act.she never come the court and case judgment go in my feavour.in between she filed a suit against me and my family under sec. 498A,504,506&323 in her home court.my father and me send to prison.my father lived there 13 days & for me it was 37days longer.after some time she file a another suit against me under sec. 125crpc.for maintinance.more than 8 mamber of her family in the same court due to this reson they always created big problem for me and my family.i send a copy to her and a copy in the cout where she file the suit against me in that judgment court order that she came back and lived with me.till now she is not intersted live with me.i am doing work in life insurance co. my salary is about 18000/-and now i am fit& fine. now i am also not intersted in this relation . i want to divorce her and marrige to another girl.
plz give me your valuable suggation to me how can i take divorce from her because she don't want divorce me without any sufficient reson.
(Expert) 30 May 2008
If the marriage is broken irretrievably with the withdrawal of both the parties, the court can be pressed to permit a divorce, as the essence of marriage is lost without any hope of reconciliation.
From the facts, I feel divroce will be granted. Other party cannot stop your life without living with you.
(Expert) 10 June 2008
As your wife is not inclined to live with you any more and even after obtaining a decree in your favour in Section 9 petition, she did not joined you can file a petition under section 13 for divorce under grounds like cruelty, desertion etc., and remember when a wife declines to live with her husband without assigning any proper reason she is not entitled for maintenance also. All the best for you. I am shocked to read that you have beed detained for 37 days in prision without bail in a case of 498A. Can you tell me the main reason. Havent any one filed bail petition for you because without 498A the rest of the sections you have cited are bailable in nature? Please furnish me fuller details. As of now you can file a petition seeking divorce.
(Expert) 11 June 2008
Your ordeal has just started. It will take its own sweet time to end. By that time you will forget everything about getting married to another sweet girl. Normally i feel in such tupe of cases, there is nothing for a "man" in the court of law. However, i wished to be proved wrong. If you get something in the court of law, do let me know. If you get time, read my views on "why men should refuse to marry" in forum.
(Expert) 20 June 2008
If one year period has passed over from the date of judgment of s.9 Hindu Marriage Act; you may take it as an additional ground for divorce.