Divorce from Wife
Ajay
(Querist) 17 June 2011
This query is : Resolved
I am a married for last 7 years from May2004.My wife is only staying with me intermittetly.First she stayed away for her higher studies and later now for her Govt Job in UP.We have two chldren.She had styed not more than 18 months with me during all these 7 yrs of mrriage.She last came to stay with me in May2009 at Haldwani and left me again in Mar-2010 for her Govt Job in UP.Now she is pressurazing me either to get me transferred to UP or leave my job if i want to stay with her and family.I am working with a Bank and am liable to be transferred every three years.My suggestion to her that she should join a job, which is near to my posting but she is not ready for it and want to stay only at Lucknow with her parents and family.Even i and my parents have visited 5-6 times to my wife and counselled her to return, she is not ready.
When i am advising her that either she should stay with me or get DIVORCE she and her family is threatening with DV Act and 498 etc and falsely allegating me.I have already filed a RCR in 2009, which is pending at Baroda.Now my question is
1)How can i proceed for divorce on WiLLFUL Dessertion/ Mental Cruelity(As she only stayed with me 18 months out of 84 months and because I am the only son of my old aged parents, her above actions caused my father got heart attack and my mother got depression and Schiznophrenia and thier treatment is on. My parents are not getting any comfort of seeing their grand chidren and are deeply sad.Bcoz of her My children are forced to stay away from their father and their upbringing is affected.My general reputaton in society is adversly affected and bcoz of this my performance in Job is decresing and i could not get promotion.)
2) She did not mention my name as father's name in my daughters school and her name doesnt carry my Surname rather shows "Priyadarshini".
3)Can she still file a case against me under DV or 498 as she is not staying with for last 15 months and marriage is more than 7 years old.
Please ADVICE and SAVe MY SOUL..PLZZZZZ..It hurts a lot..
Devajyoti Barman
(Expert) 17 June 2011
1. If both of you are staying separately for more than 2 years then you can ask for relief on the ground of desertion. For cruelty though you need to show time of one year.
However, in case of either kinds the onus of proof is upon you to show the desertion or mental cruelty.
2. If she is not using your surname without any permission then you can file a civil suit for declaration and for injunction to restrain her from using other surname than yours.
3.Yes, she can file such cases any time she wishes. You can do nothing in this respect.
Jitendar Kumar gupta
(Expert) 17 June 2011
you have taken the steps as filed RCR. now you have to file case for the custody of the children and i hope by this your wife may mend herself.
Ajay
(Querist) 18 June 2011
Thanks a lot M. Barman and Mr. Gupta for your kind advice.From your advice i may draw following;
1-She is away from me since March-2010, so i can take ground of Mental Cruelty and that of Dessertion after Mar-12.
2-I should file a civil suit to restrain her from using any surname other than mine.Is it mandatory for a wife to use her Husband's surname and same in case of children.??
3-Even before divorce I can file a case for custody of Chidren??
Pls confirm if above is correct and I can proceed this way..
Regards
