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Divorce

Querist : Anonymous (Querist) 14 January 2012 This query is : Resolved 
Dear Sirs,

Let me add that she has issues of sexuality in other words attracted to same gender and is living with a divorced woman in US as a partner though I know this orally and she confirmed. I did meet this lady too when my wife left India.

In all trust I gave her consent for 3 to 6 months(Generally a visitors visa wont allow more stay) as she wanted time to decide on what she wanted to do about the marriage.

This H1 thing is sudden twist and she betrayed my trust though she does not agree.

The affection and other emotional stuff is not helping me practically.

I havent had physical relation ship since 2007 as she was averse to it.

In general, society thinks men are bad and wretched and have no emotions but it is subjective.

I have been waiting in anticipation and went from doctor to doctor to help her as most often homosexuality is related to bad childhood is what scientific research says.

I will be in US in febraury but when I meet her often she gets to be emotional and does not allow me to judge things.

Let me know if anyone of you is based in bangalore sir as I can meet you.

Finally, I have a impeccable track record from a ethical sense and havent got involved in extra martial affairs since I courted my wife before marriage and unable to get out this clutches.
Kindly help me.


Hello All,

I have been married for 11 years which is actually a love marriage sanctified by elders. In the middle of the last 11 years, from 2006, my wife had an abortion because she suddenly felt an sexual orientation change. I have been trying my best to get psychological help and inspite of trying my best, she was unable to get clarity on her sexuality issues and the associated depression and guilt. She had relationships in that direction but was staying with me just to sustain marriage till december 2010 wherein she suddenly found a indian friend in US and went away with the message that she would come back to me in 3 months as she needed some time away however inspite of repeated requests, it has been an year and now asks me to wait till april as she missed her H1 visa interview. An H1 visa virtually means she is not interested in sustaining this marriage however keeps dilly dallying about the relationship and is taking me through emotional lows and highs. Though It is very difficult severe ties with her as I have been waiting in aniticipation, I'm alone and getting old and have social pressure on why im alone etc. Initially everyone was told that she has gone there for temporary reasons etc. I want to approach a family court for navigating further however she is not willing to come to India now and I'm resident in India.

Can we have her meet an attorney in US for a statement on mutual consent? we have had no issues in our marriage as we still have affection for each other however it is taking me or her no where and she is not willing to take next step.

Please guide me

Thanks
Devajyoti Barman (Expert) 14 January 2012
If she is also ready for divorce then mutual divorce is best option.

However in her absence it can not be done.
In that even yoy can file a suit for divorce in the court where in her absence the court may pass judgement in your favour ex parte.

Though your have mutual affection for each other, the event as sated above till now is quite weird to know.
Deepak Nair (Expert) 14 January 2012
Very strange. I am really surprised to hear such a series of incidents.

Anyways, better to wait till April.

In any case, for filing a mutual consent divorce presence of both the parties are necessary. Otherwise you can file a Divorce Petition and the court will summon your wife.
Shonee Kapoor (Expert) 15 January 2012
If you got married in India, then the divorce without her participation (whether contested or mutual) is not valid in India.

Hence explore that option of Mutual consent divorce first.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad (Expert) 15 January 2012
I suggest to personally visit her and do negotiations with her with the help of the alleged boy with whom she is residing in USA. If she is not agree to accompany to you then better to break the ties otherwise bring her back with you and lead happy married life.
mahendrakumar (Expert) 15 January 2012
in view of your mutual affections,it is better to try the advise of Mr.Makkad.
M/s. Y-not legal services (Expert) 15 January 2012
mutual divorce is best one for you., however you have to wait for your wife's arrival..

-tom-
prabhakar singh (Expert) 16 January 2012
You are rightly guided by experts.


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