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Neil   12 May 2016

Am i eligible for divorce?

Hello experts,

Request you too please guide me thru the process,

My wife filed a CAW complain to which we filed our reply to their HQ

Then she filed a DV case, to which we will be filing our reply on the next date

Now can I apply for divorce? she has deserted me since 1 year now. 

Please reply,

Thanks in advance,

N.



Learning

 10 Replies

adv.bharat @ PUNE (Lawyer)     12 May 2016

Dose ther is any strong ground apart from desertion. What r other causes for seperate living? do u both want divorce?

If yes then after filing case counselling is done to improve ur communication . Or make an adjustment for each other so that u will leave together.

If it is not happen then only divorce is given.

Thanks

Neil   12 May 2016

Thanks for the reply,

I am physically disabled, after knowing this she had destered me and put false cases on me and my mother like DV (Sec 12 and ex-parte sections),

Desertion is almost 1.5 years now,

Please advice, 

Thanks in advance.

N.

saravanan s (legal advisor)     12 May 2016

wait for another 6 months to claim desertion as a ground for claiming divorce.also you need to prove that it is wilful desertion on her part and you had taken efforts to reconcile which were eventually turned down by your wife

Neil   12 May 2016

Thanks for the reply,.

In which case should will I have to prove the willful desertion? in the DV case filed by her in other city, or when I will file a divorce case in my city??

Can't filing a false DV case agsnt handicap husband and my mother, be a base for filing divorce based on cruelty?

Thanks in advance.

N.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     12 May 2016

Already responded on another forum.

Neil   12 May 2016

Originally posted by : Dr Katta Venkata Rama Krishna
Already responded on another forum.

Thanks for the reply sir,

Can you please send me the link of another forum, where you have responded to this query,

Thanks in advance.

N.


(Guest)

Sir

You have been rightly guided. nothing more can be said without going through your files. Getting divorce takes time. Meanwhile you should continue fighting other cases which have been levelled against you by your wife. If you feel these are false and frivolous cases you may file for defamation and harassment. But all this will require help from an able advocate. You may approach an advocate in your city if you can afford or else you may also take help from District Legal Service authority.

(based upon your personal message) 

and sir one should never lose hope

Neil   12 May 2016

Thanks for the reply,

Can't I file contested Divorce based on cruelty that she had filed a DV case on me and my mother, and deserted me after knowing that she will have to take care of me i.e. on base of cruelty?

Thanks in advance.

N.

stanley (Freedom)     13 May 2016

@ author 

If your ultimate aim is to get Divorce that you have to prove that she has deserted you for two years and Divorce would be granted in a contested Divorce case . why break your head looking at the ground of cruelty .

Neil   13 May 2016

Thanks for the reply

I am worried because, my mother is invovled in the case and fast resolution for the same, I have no income since I cannot move around, so please if you can reply what can be done to avoid this mental stress, trauma which will result in increase this disorder,

Thanks in advance.

N.


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