Wife dumps husband and living with parents forever-1
Querist :
Anonymous
(Querist) 01 August 2010
This query is : Resolved
Experts :
Mr. Devajyoti Barman (posted on 31-July 2010)
Mr. Chachal Nag Chowdhury( Posted on 01 Aug 2010)
Mr.S.Subramanian( Posred on 01 Aug 2010
Sir,
Thankining you for the subject advice. I could not unnderstand the suggestion by Mr. Barman and supported by Mr. Subramanian in that
1) When the two parties have never communicated with each other since last 8-yrs ,how come mutual consent is possible ?
2) Wife has expressed at least her will to take divorce .What about husband, why till-date he has not expressed his will to take divorce.Wife is not chlidish to believe that the husband continued sending legal notices ( not a single was served due to wrong name as per postman), spanning over two years after wife's desertion, were containing love-letters requesting her to live with him. I don't know he had to send legal notices to take consent divorce after harassing her by police action just after her desertion and grabbing her all valuables.
3) Wife can realise (behind the Law) that husband did all those legal activities by illegal means to get ex-parte divorce. And, he should have married long back (difficult for wife to prove). thus wife's fear is that husband is now eating one cake (2nd marriage),and one he is still holding her since last 8-yrs, and can eat her any time he likes unless he dies. So respected advocate Mr Chanchal Nag Chowdhury's opinion about wife-"she cannot have the cake & eat it too" should apply to husband because by leaving husband she left the rotten cake, and till-now she has not even searched a cake. In fact, she would be in misery in her old age by living without life partner because her old aging parent can not provide her shelter and protection till they are alive. And, of course what about her happiness from married life ? What about her happiness from motherhood ? Who will help and protect her at the fag end of life ? Of course she should marry- but now she will appear in divorced category in matrimonial column,and that too with abortion.
4) How all this injustice happened to her. Our lawyers will charge her with cruelty on husband by leaving him sexually frustrated.Even our lawyers will not hasitate to charge wife of living unmarried means self-inflicted sexual frustration.
5) There is firm reason beyond doubt that husband has taken ex-parte divorce on the ground of wife 'NOT FOUND' because notices bearing her marital name (with valid address) are going back which she was just watching, abd only collecting intimation slips from postman, as she has no document till-date to prove her marital name. Marriage registration was refused by husband as Hindus rely on mutual trust and not mutual consent.
6) Last but not least-it is a clear case of abortion of justice brought by husband ,similar to the way he brought one for his wife, by using loop-holes in the Indian laws, and manipulating rotten and corrupt legal machinery of India.
Had the Subject of this Query been changed from "Wife dumps husband ..." to "husband dumps wife...", our expert probably would have given following opinions- Use 498A, 125 CrPC, HMA, Dowry Prohibtion Act, DV Act, Pregnancy Act, Constitution of India, Go to Women Protection Cell, Knock the door of NCW -but check limitation act for applicability of these acts
Sir, with apology, I request you not to misunderstand me as lawyer and any excesses in writing. I am engineering professonal, worked as lecturer, and Aircraft Avionics Enginnerng Training Professional and reading is my habit with no repulsion to any subject. I am just trying to find how this 'wife' can get justice.
