Need advice - divorce
Aqua
(Querist) 07 November 2013
This query is : Resolved
I had arranged marriage 4 years back (belongs to same city)
After 1 year of marriage we went out of India for my work assignment.
My wife used to work earlier but after we went out of India she left the job and since then she was housewife.
We had some general argument (Generally these arguments are related to our parents)during these time but it never went beyond the line.
Some time back my close relative passed away so we both visited to India.
After the rituals she went to her parent's home and since then didn't came back.
She gave the reason that she is not happy and i am not taking care of her (Which is not true)I tried to bring her back (all possible ways).Talked multiple times, sent email, send SMS but no reply from her.
Her parents/brother/sister also supported her, So i came back and joined my office.
After someday my father passed away. we have informed them but no one came from her family for any rituals.
As a last try, i went to her house with my uncle just to talk to them but her parent's don't allow me to talk to her.
Now a days there is no communication between us and seems like they(she /her parents) make up the mind for the divorce.
So at this moment i am looking for some legal advice
1) If i file Section 9 then is it mandatory to be appear in front of court, during the hearing ?
2) Can i apply for anticipatory bail, if yes then how? (In worst case scenario)
3) Do i need to file section 9 in Family court or high court
4) What is the process of Mutual divorce ?- I know both person signature are required but as there is no communication then how i can proceed further?
5) Can they claim for the property (in case of Mutual or non mutual divorce)if it's in my mother/father's name?
6) Is there any legal way to directly talk to her(as her parent's don't allow)
Advocate Rajkumarlaxman
(Expert) 07 November 2013
Rcr to be filed in family court not n highcourt.
Abov e all first send a legal notice trough a lawyer n let know wat they intend. Then move further. For filing ur presence is a must.
Advocate Rajkumarlaxman
(Expert) 07 November 2013
Writ of habeas corpus if the family is hiding her.u hv to file writ n highcourtt
Aqua
(Querist) 07 November 2013
Thanks,Can you also let me know about point 2),4),5).
Also as mentioned, She & her parents are not ready to talk to me/my family, so before proceeding further is there any way to directly talk to her.
Nadeem Qureshi
(Expert) 07 November 2013
file an application cum complaint before caw cell and try ti settle the matter amicablly it will be better for both of you, your personal presence is mandatory before caw cell.
R.K Nanda
(Expert) 07 November 2013
nothing more to add.
Aqua
(Querist) 07 November 2013
How CAW cell is related in this case ?
I am still not getting any advice on point 2),4) & 5
ABDUL RAZIQUE
(Expert) 07 November 2013
Answer for 2, 4 & 5.
2)Yes you may apply for anticipatory bail,
4)in Mutual divorce it is totally depend on parties to do act both, there is no any procedure to join or agree both parties by advocate.
5)If your share stand in inheritance property than her share will sure stand in that properties.
M V Gupta
(Expert) 08 November 2013
My views on the queries -
1. Yes. If ur absence is inevitable, seek permission of the court for specified period or dates.
2. In the absence of any complaint filed with the police for DV, AB is not necessary.
3. Family Court if u are in metro region. Otherwise Dt Court.
4. As consent of ur wife is must for MC divorce, send lawyer Notice demanding the consent for MC divorce. The notice should be drafted carefully.
5. No, as the property belongs to ur parents. She may not also be entitled to share in ur property as she had deserted u and not vice versa.
6. If u suspect that ur wife is being wrongfully confined by her parents or relatives, move petition of haebeous corpus in the HC.
Advocate Rajkumarlaxman
(Expert) 09 November 2013
U file a regular divorce csse if she does not attain u will get exparte orders
Aqua
(Querist) 18 November 2013
Couple of more things related to this
I am planning to file a divorce from USA
I heard that Gov has passed the bill for "Irretrievable breakdown/Irreconcilable differences", so does it valid in India now ?
I also read that to get divorce based on above ground, we have to live apart at least 3 years before filing such a divorce petition, What is the fact ?
Here one lawyer said that if I get a divorce(ex:-based on any ground) then it’s not required to get her sign as well. Is that true? Normally what I think is both the party will sign the divorce(I may be wrong).
V R SHROFF
(Expert) 18 November 2013
If both residing at USA, can file Divorce as per usa law, and Divorce will be allowed.
If grd for Divorce aslo avl in India, it is applicable and valid divorce in India.
If grd not avl in India under Hindu Law. the Divorce will not be valid in India, though valid in usa.
