Divorce
Gajendra
(Querist) 06 November 2017
This query is : Resolved
Hi,
My wife had left house on 12th March 2016, till date she has never turned up,
She went off with a verbal clash with our family (she was few days close to confirm on pregnancy so we had asked here not travel which may affect your pregnancy, for this she started quarreling for more then a couple of days, and went off saying that she don't want to live with our family).
Above said is an incident happened before she left us. but there were many such conduct of her daily fighting with me and my family and asking me to coming out of family to live separate, she was not caring our parents and wanted not preparing food. (she was getting in fight with my parents without any respect).
Now its been 21st month she has never turned, and i am feeling i have waited enough so decided to file Divorce.
Need your guidance to file it in proper way.
1. Married on 06.04.2017
2. She left home on 12.03.2016.
2. we don't have children's.
3. she don't want to live with me.
4. she don't want to live with my family (Parents).
Regards,
Gajendra
Vijay Raj Mahajan
(Expert) 07 November 2017
The ground for divorce is cruelty and desertion for 2 years or more under which you can file petition for divorce. The desertion of 21 months not enough as per the provision under section 13(1)(ib) of the Hindu Marriage Act,1955, wait for another 3 months after that you will have two clear grounds for divorce.
Rajendra K Goyal
(Expert) 07 November 2017
Try to save marriage, try for amicable solution.
Legal step once taken may destroy possibility to save marriage.
Effort through elders / society effective people / family friends / your lawyer to arrive at the amicable solution.
Rajendra K Goyal
(Expert) 07 November 2017
If no possibility to save marriage, explore possibilities of mutual consent divorce.
If you file divorce case, she may lodge criminal complaints of 498A, DV Act etc.
If she is not earning, you may have to pay maintenance.
