Divorce case problems
sukumar
(Querist) 23 September 2011
This query is : Resolved
dear sirs / madam,
married in 2006 in a church, was a christian love marriage. after 1 month, wife left husband and went to her parents home.after many requests from husband she was not came to lead marital life.
after 8 months male child born.
after many requests from husband, elders, she wont joind with husband. and in a meeting with elders,and in a meeting with a lawyer she told " i dont want to reunion with husband , i want divorce but demanded 2 lakh money to sign mutual divorce consent. husband ready to give 1 lakh only, and asked custody of kid. she asked time to think. after that she is not talking to lawyer and elders. and telling i dont want to come to any meetings. husband went to concerned police station and told all the details to SI. then SI made a call and called her to meetinng in police station.
then she told to him, i dont come to police, lawyer and if husband has interest in marital life iam ready to re join family life at my residence only, if he dont come to my home also no problem. i will live in my own house without husband. now husband went to a lawyer and filed petition for divorce. but in this case,
1)no written evidance of elders meeting and lawyer meeting, how to show these evidances to court?
2)after 5 years desertion, now she wantedly trying to delay and mis lead the case , she is ready to tell she is not willing to take divorce, so how to get divorce?
3)if she wantedly put 498 or any cases on me , how to deal?
4)if wantedly she tell lies , like sir after 1 month of marriage my husband left me, now he is trying to take divorce .
5)SIRs and madams PLEASE HELP ME WITH YOUR ADVICES
ajay sethi
(Expert) 23 September 2011
it appears your wife dosent want to live with you . she has deserted you for 5 years and is not willing to stay with you .
under such circumstances you can file for divorce on grounds of cruelty .
as far a s your queries are concerned
1)you address leter or meail to your wife mentioning fact that meetings were held on _date wherein you said you wanted dvorce but have not taken any steps till date . let her deny the contents if she desires .
2)you cna file for divorce as she has not lived with you for 5 years on grounds of cruelty .
3) i doubt she will file 498 after 5 years when she has not stayed with you at all
4) you cn ain alternative make an application for restiution of conjugal rights . if court passes an order and she refuses to comply that can be a ground for divorce
