About divorce


 

1)      We have been married for 9 years and living separately for more than  15 months and one FIR is pending against me.

2)      She filed  a   506 a  case  in the month of Sep 2011 and asked  us(me and mother) to vacate the house.

3)      10 months ago Some of my native people talked    to her to findout  whethere she is ready for divorce or  ready to live together  again.

4)      She told that she is neither  ready for divorce nor ready to live together  and    she would take a decision  of living together after 1 year.

5)      This is not the first time it is happening. Her intention is making me suffer without taking any decision.

6)      Even if  file RCR , she will say that she can not live together  with me  as she  is afraid of living together(She planned and filed a case  506a)

7)      How to prove that  we are living  seperately for the last 15 months?

8)      I know her PAN Number. She is working in Software Industry and earning good salary. But I don’t know how much she is earning .How do I get  her asset/salary/income details?. This might require if I want to apply for divorce.

9)      People are not ready to talk to her as this  this is not the  first time(if some one talks , she will blame me  for hours) also  she is not ready to take any decision.

10)    She  tells everyone that  my son needs father and she cannot take care of him alone(we have a son of 6 years old).

11)   She is avoiding  me purposely  by saying that I am depressed and  good for nothing  so cannot  live together etc…( in simple sentence I am bad). I am also working.

12)   Shall I send a mail asking her to come and live  with me?( we are in different cities. She will not reply to my mail also.) . Definitely she will not come as she is not ready to leave Bangalore.

13)    She doesn’t know where I am .Also she doesn’t aware of my employment details.

14)   She knows my PAN card.

15)   Even if I phone her, after hearing my voice she  will disconnect  the  call.

16)   Friends/Native place people also tired  of talking about our problems. They simply told me to go and live whatever way I want.

17)   After reading Lawyers Club of India for   more than one year, I clearly understood getting contested divorce is very difficult.

18)   Please suggest me what should I do.

 
Reply   
 
Advocate

U better file a case of RCR mentioning all facts of her behaviour. if u are able to prove your case, you will get decree in RCR. If she does not come, then u can file divorce on behalf of that decree..what are the contents of her FIR in 506 IPC. does it reveal any information regarding seperation. 


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corporate lawyer

if you know her PAN number, you can easily found out her bank/income details.

 

in order to prove that you are living separately, you can bring your neighbour/relatives/friends as witness and present their testimony to court.

also you can give the address of her company where she is working. if she live in a separate city, then it will be good. this much is enough to prove that you are living separately.

are you a hindu? are you living separately for 2 years ? if yes, you can file for divorce on the ground that she deserted you. section 13(1)(ib) of hindu marriage act.

i think divorce is the only option left for you.

 

 

 

 


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Worker

no matter whether she comes back or not, 

keep on asking her to return

record all ur phone conversations, SMS, RPADs. 

these evidences show ur efforts to bring her back, and may help u later in court.

 
Reply   
 
corporate lawyer

good point amit


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