Divorce help

Guest (Querist) 25 January 2015 This query is : Resolved
My wife frequently go to her parents house for living without any major issues.
She makes different small petty issues for not coming back.
To make living she made false women cell complaints which & court complaints.
When ever she wanted to return back.
Now i do not want to live with her as she is not making a family.
How can i get divorce.
I also have abroad visa where i want to start my life with a new start.
What should i do.

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Advocate M.Bhadra (Expert) 25 January 2015
You can go abroad till impounding your passport by a competent court of law. You can file a Divorce suit by mutual consent, failing which you can file on contest if separation is one year.If separation from your wife is not complete one year then you can file a suit for Judicial Separation or wait for one year.

Guest (Querist) 25 January 2015
Court & women cell directed my wife to live in my house which i agreed.
2006 we got married after 1 year she left than came for 6months & left for 4yrs. Then came 6months & at present she is not living with me.
Do i have to give her almony fot settling divorce.
Or else i leave her permanently without divorcee & going abroad without coming back.
Will leaving like this can effect me legally.

ajay sethi (Expert) 26 January 2015
if you file for divorce and divorce is granted by court your wife will be awarded alimony . you can even without divorce go abroad for work purposes

Guest (Querist) 26 January 2015
Thank you for your help

Rajendra K Goyal (Expert) 26 January 2015
If your wife is adamant and not ready to live with you, explore the possibility of some amicable solution including Mutual consent divorce. Take help of common family friends.

You can go abroad without divorce.

T. Kalaiselvan, Advocate (Expert) 28 January 2015
The issue can be sorted out by a legal divorce or without that too. If she is not interested in coming back to your house and not consenting to divorce too, just lock the door of the house and leave for abroad without informing her, while coming back you can observe lot of changes.

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