chandra (sr Consultant) 09 October 2013

3 years separation

I am married at Feb-2011 and staying separately from Jun-06-2011 to till date( except 1 month during sep-26 to Nov-1st in 2012). I am staying USA and my spouse staying in India and working at Hyderabad.

She is not ready stay with me in USA or India and she is not ready give the divorce. we stayed together only 3months and our physical relationship also wasn't good due to her health problems.

My familly tried multiple times to convince their family through relatives but all meetings are failed. their response always unique " I have to come india" but they are not saying anything to stay with me even if come to india. They are Threating my family with domestic violence. I am at 31 years and I have waited almost 2years seperately but no results. can I file a divorce case in india? Is their any speed divorce process.

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4 Replies

Sarvesh Kumar Sharma Advocate (Advocacy) 09 October 2013

Now a days courts are working on the bases of mutual compromise so courts takes time .for speedy trial better go to high court for direction!

sudalaimuthu (Advocate) 09 October 2013

sir,

A petition for divorce may be filed after one year of the marriage. In case

of exceptional hardship to the petitioner or of exceptional depravity on the

part of the respondent, a petition may be allowed to be presented before

one year.

Marriage may be dissolve by a decree of divorce on the following grounds:

1. Respondent had voluntary s*xual intercourse with any person

other than the spouse after the marriage.

2. Respondent has treated the petitioner with cruelty.

3. Respondent has deserted the petitioner for a continuous period

of not less than two years.

4. Respondent ceased to be a Hindu.

5. Respondent has been incurably of unsound mind.

6. Respondent has been suffering from virulent and incurable form

of leprosy.

7. Respondent has been suffering from venereal disease in a

communicable form.

8. Respondent has renounced the world by entering any religious

order.

9. Respondent not heard of as being alive for a period of seven

years or more.

in view of the above you can file a petition for divorce in india citing the desertion and cruelty.

T. Kalaiselvan, Advocate (Advocate) 09 October 2013

Mr. Chandra,

The period of two years separation will commence from November 2012, however, if you can confirm that there was no cohabitation between you both for two years upwards, you may apply for divorce on this ground as well as cruelty with an addition of desertion; before that issue a legal notice directing her to return to matrimonial fold, see her response, if she is not inclined to come back, you may proceed with a case for divorce against her on the said grounds. The divorce proceedings will take a minimum of two years period to be decided owing to various practical reasons, hence you have to be patient enough for the results. Advocate Kalaiselvan, Ph: +919443441062

(Guest)

Brother, you have to keep patience in divorce case. As per your quoted fact's and circumstances you would definately get relief on the ground of desertion and non-cohabitation more than 2 year's. So,from now onward's don't waste time and file the matrimonial suit on the said ground as early as you can.