Amrit Singh (NA) 14 December 2012

Can i get ex parte divorce if wife is in same house...

I filed for divorce after 1 and half year of marriage on the grounds of desertion and cruelty after my wife left me four month back and she did not allowed me to touch her since first day of marriage. After getting the legal notice for divorce my wife's parents left her at my house last month. She is now living here but we are not talking to each other and sleeping separately. on the first court date i was present there but she was not and neither anyone from her family. Judge asked to send 2nd notice now. So if she again do not comes in court on next date, i will get ex parte divorce (According to my lawyer). But i want to ask experts from here that is my lawyer is saying right? But She is living in same house, will this be a problem later? I cant throw her from this house as she is still married to me. My lawyer says this is not the issue as husband wife can share same house when fighting for divorce they just need to sleep separately. is my lawyer right? Kindly guide me.. need expert advice. and if i gets Ex perte, what should i do with wife, so that she can not harass my in any way.

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6 Replies

Chetan Joshi (Advisory/Advocacy) 14 December 2012

Yes....You can trust your lawyer...But I wonder how come he's put dessertion as a part....Ask him why not denial for s*x???

Regards

Chetan(dot)7679(at)gmai(dot)com

rahul (director) 14 December 2012

your lawyer is NOT right.

its not so easy to get divorce,

judge wait for your wife side, atleast 3 dates after confirm ''service of court notice'

which you are saying that she got divorce notice.

after this. judge fix the matter for ex-parte agrument.

then grant divorce.

i dont think she wont come-up in next 2-3 dates..

even then .. when she come to know about exparte divorce granted. she easily file a application to set-aside expatre order.

and on same day// judge put ''stay'' on exparte order and restrain you to re-marry.

if she dont come to know in 90 days and you re-marry on 91st day.. then you are safe.

i think this thing you will do, because she is living in same house

1 Like

Ranee....... (NA) 14 December 2012

how come desertion stand here!

1 Like

Msk-need -nuetral- laws (self) 14 December 2012

Learned lawyers,

Is desertion and separation not different? For example, if some one lives away from spouse at xyz KM with no responsibilty towards the better half, this covers as desertion through separation. Even if one stays at home and forsaking her/his duty towards other. does that not amount to desertion? more precisely, a hubby renounces his material world, but still stays at the home where wife resides, this is also a desertion? Am i correct or not? If this is true, then above case also stands for desertion right? However as suggested by above minimum 2 years required to take it as ground for divorce. What if one files pettition on the fact of desertion plus cruelty?. I read somewhere wife not fullfilling duties of matrimonial home for 6 months is ground for divorce. This was SC ruling last year.

Can you enlighten me on above points. This may help the author also, I believe.

Regards

Mani

rajiv_lodha (zz) 14 December 2012

U r grossly misinformed. Though 2 yrs minimum of desrtion is required to make it as a GROUND 4 divorce, they way u suggest hypothetical situations fall like playing cards when opp party contests this case. So face the reality, marriage is short lived, u r staying 2gather for 18months, no proofs of cruelty r wid u.........So tread carefully. Half backed litigation started by a husband BADLY BACKFIRES.

Non-consumation of marriage is the best ground available.......but remeber, very difficult 2 get contested divorce by this path also.

See if MCD possibilty exists