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pradeep (SA)     05 July 2011

Contested Divorce - Urgent


My wife is living separately since 6 months following an argument(she abuses my parents, also tried to punch me) 6 months ago. Her parents are supporting her and there are no signs of return. They are also not indicating any signs of future development and her parents are just silent. If some middleman calls them that what they do want, they just say that my family took so much money from them etc.(that is the case with many persons in today's world)

Please tell what can I do in such case. Is there some law that if spouse lives separately then this will be taken as cruelty for other partner. How can I proceed for divorce in such case and what are the winning chances.

Can court direct her either to live with the husband or husband has the right to take the divorce. 

Thanks very much


 7 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005     05 July 2011

yes living seprately is itself a cruelty for other spouse.

You can file divorce or first file section 9 to take her back and if she refused then you can file divorce.


1 Like

legal eagle (lawyer)     05 July 2011

i agree with Mr Kamal. if wife is staying seperately by her own volition, and not perfroming the duties of a wife, then thts cruelty.

1 Like

pradeep (SA)     05 July 2011

Thanks sir for the reply.

If she refuses to come back u/s 9, and then filing the divorce, what are the chances that case can be won or speedy justice.

It was the hindu marriage, happened on 31oct'09 and no kids.

Also, how can i strengthn my case with what kind of side evidences. Thanks

Tajobsindia (Senior Partner )     05 July 2011

@ Author

1. See from the brief opting for RCR i.e. S. 9 HMA is a futile exercise if you have a 'ground' of her living away from matrimonial home without your consent and same can be proved by evidences;

a. You have visited her place and requested her to come and she has refused to join. Visit to her place is evidence.
b. You and your side of family member shave visted her place and she has refused to join. Family members prrof affidavit at the time of evidence and cross examination consitutues as evidence.
c. If you have sent money for her upkeep till social pressure makes her come to sense to rejoin matrimonial home and she has refused constitutes another set of evidence.
d. You have sent SMS to her to join and SMS in original format (means in same Mobile handset preserved) constitute evidence if challenged.
e. You have sent her a phonogram to rejoin and she refused and true copy of phonogram with you constitute evidence.
f. You have sent her a Legal Notice via a appointed ld. advocate and she refused to rejoin also constitutes supportive evidence.
g. You have audio recording of her stating she does not want to resume cohibitation with you as husband and wife in social eyes and same is reserved in original media that also constitute one set of evidence.

2. See where you stand with some of the above hints on evidence in contested divorce and act accordingly instead of RCR as what you will do if one fine day before Lordship / Ladyship she pops "I want to come back!" will you take her as yoru wife behind all the social drama narrated in yoru first brief above ! Think in long terms though contested divorce takes sometime but if agrresively serviced it may not take more than 1-2 years to come to some logical appealable conclusion.

3.  Matrimonial affairs needs to be run as pure give and take in a relationship like business in today's 21st. Century with 22nd. Century mindset and not with 18th. Century but thinking in 16th. Century mindframe as there are 41 Acts / Sections of Laws in favour of metro wife's and sooner one launches a case the agrievement is reflected of that person before concerned Court.

Think calmly, read old messages, dicuss after reading not to a point of spoon feeding though, act as per own capacity with long term vision of quality of life based on what exactly you want out of all these litigations protecting your near and dear once first and then launch the act / initiative balancing your youth and career.............. 


1 Like

Harish K. Chandak (Advocate)     06 July 2011

very throughly discuss by Tajobsindia............!

nice & useful detail (def)     06 July 2011

I also disagree with RCR idea. Practically what happens--- such wife never wants to come 2 u & reside in an amicable way. She also knows that if u get RCR decree in ur favour, u will gather ground 4 divorce. She finds easy way out:

1) Files Sec 24, gets enough bucks 2 pay legal-sharks to attack u further. May go beyond to file 498a,406,DV et al.

2) In RCR case, she alleges all type of cruelty, so shows inability to join u under such cruel circumstances.

3) Uses every possible delay tactics to drag the case for yrs togather.... and u r stuck in the mess fro all the time which she wants.

So, beware RCR is to be used only if u want her back after knownig all her inner intentions.

Good Luck!

pradeep (SA)     07 July 2011

Thanks all for reply. I really appreciate it, I am short of words to express.


I am collecting the evidences against her that you mentioned and also trying to trace her location. I do not want at all for her to be part of my and my parents' life. If some girl do not know to respect my parents then I am not made for it and I cannot see it.


I will give a divorce petition. If after filing the divorce, she files 498A against me/my parents, would the divorce case help in some way against the 498A case in court. Like if I can tell that she is already away from 6 months and it was she that did the cruelty against me. I am just afraid that my parents should get the bail asap with the 498A whenever she files it. Are there any suggestions to safeguard myself with the upcming 498A with this situation after filing divorce?

Thanks again

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