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Karan (NA)     27 December 2011

Desertion

HI , myself marrried one year back .

She deserted me in less than a month of marriage.

As per her she is not able to adjust with me, and does not like me and ofcourse being a working woman she needs more freedom as per her.

Myself filed for conjugal rights as we can not apply divorce in one year.

We see that case is getting dragged and netiehr she is telingshe wants divorce.

I would like to file divource. but how I am concerned on filing divource .

Is it beinit for her if I move the divorce petion first ?

DO I need to give her maintainance or any other prperty ?

I see she will not allow for both divorce and stay with me

pls advice how to get out of this loop.

I read in websites that desertion is one ground for divorce, but If she deny it in court how i can succeed ?

 

 

 


 



 17 Replies

Self service (None)     27 December 2011

Continue with RCR, wait for 2 yr completion and file divorce based on desertion. Mean while talk about mutual if that works take back RCR and file mutual after 1 yr of marriage. Keep her earnings/ job proof that will help you to reduce alimony.

Karan (NA)     27 December 2011

Do I need to pay her even if she is working ?

Shantanu Wavhal (Worker)     28 December 2011

maintenance is granted to the lady who is not able to maintain herself.

do not file divorce right now.

get the RCR in your favour

after that if she does not join you, ur case gets stronger

then file for divorce.

 

advantage of filing the case FIRST :

if her maternal home is far away, you can secure the jurisdiction by filing the divorce first. (easy to play on home ground !!) - she will have to run to HC for Transer Petition.

 

as per HMA, 1995

 

19.     Court to which petition shall be presented

Every petition under this Act shall be presented to the  District Court within the local limits of whose ordinary original civil jurisdiction-

(i)         the  marriage was solemnized; or

(ii)        the respondent, at the time of the presentation of the petition, resides or

(iii)       the parties to the marriage last resided together,or

(iv)       the petitioner is residing ,at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

1 Like

**Victim** (job)     28 December 2011

I agree with Amit do not file for divorce right now. Because you might end up paying alimony. Let her file for it and then both of you decide mutually what you want ? When she tells you she doesn't want to live with you then you tell her that okay since she has decided that she doesn't want to live with you then both of you should move on to court for mutual consent divorce and make sure you put a clause saying that your wife doesn't need any alimony or support. This should be the main condition in your MCD petition. So just wait and watch........don't do it make her do it.

1 Like

Shantanu Wavhal (Worker)     28 December 2011

We see that case is getting dragged and netiehr she is telingshe wants divorce.

I see she will not allow for both divorce and stay with me


this strategy is played by ladies just to make u realize & believe the following -

she can make your life a living hell.

u are left with no option.

u can not even negotiate with her.


at last, makes a drama that she is petying on you by giving you divorce. (she offer a huge sum against this, which is her basic intention)


if you feel that the divorce case will be contested, then play this game wisely.


**Victim** (job)     28 December 2011

@ Amit it's all about money harass husband for a while and then just make it look as if she is doing a big favour to us so that she can go for MCD by making settlment in terms of money. This is the only reason hindu marriages are not sacred anymore. NO MONEY NO HONEY

1 Like

Shantanu Wavhal (Worker)     28 December 2011

so its always better to STEAL the jurisdiction to our home ground (by filing the case first)

then wife has to run all over.

victory is earier if her matrimonial home is far away / in other state (she has to apply to SC for transfer)

Shantanu Wavhal (Worker)     28 December 2011

instead of STEAL pl. read GRAB. (more decent term)

cm jain sir (ccc)     28 December 2011

@Amit,

But SC is also reluctant to keep the jurisdiction in Husb place eventhough he files Divorce first. Its very much difficult to retain the jurisdiction in Hus place. MCD is not also possible as discussed that if she wants to harass husb then she will not ready for it. Its really torture for Husb.

1 Like

Shantanu Wavhal (Worker)     28 December 2011

transfer petition by wife is considered on its own merits.

the cases are not transferred just because the defendent wife is a lady.

the following references support this

https://www.498a.org.in/rsrcs_strtgy_TP.html

 

 

 

3. Even otherwise, it must be seen that at one stage this Court was showing leniency to ladies. But since then it has been found that a large number of 6

transfer petitioners are filed by women taking advantage of the leniency shown by this Court. On an average at least 10 to 15 transfer petitions are on board of each court on each admission day. It is, therefore, clear that leniency of this Court is being misused by the women.

4. This Court is now required to consider each petition on its merit. In this case the ground taken by the wife is that she has a small child and that there is nobody to keep her child. The child, in this case, is six years old and there are grandparents available to look after the child. The respondent is willing to pay all expenses for travel and stay of the petitioner and her companion for every visit when the petitioner is required to attend the court at Delhi. Thus, the ground that the petitioner has no source of income is adequately met.

5. Except for stating that her health is not good, no particulars are given. On the ground that she is not able to come to Delhi to attend the Court on a particular date, she can always apply for exemption and her application will undoubtedly be considered on its merit. Hence, no ground for transfer has been made out.”

It is needless to say that if the wife/petitioner has any difficulty in meeting her expenses for attending the Matrimonial Suit concerned, the wife/petitioner will be entitled to make an appropriate application before the learned Trial Court for appropriate directions upon the husband/opposite party for meeting her expenses for attending the said Matrimonial Suit and if such application is made the learned Trial Court will have to 7

decide the same in accordance with law. This Court is of the view that the distance between Khardah and Alipore is not at all a formidable distance and on the days when the wife/petitioner will be required to attend the said Matrimonial Suit, the wife/petitioner will have to make necessary arrangements for taking proper care of her child in case the child has to attend his School on the said days.

Orders under Section 24 C.P.C., seeking transfer of proceedings, should not be made as a general rule but such orders of transfer may be required to be passed in exceptional circumstances only. This Court does not find any merit in the application under Section 24 C.P.C which is dismissed.

ref : https://498amisuse.wordpress.com/2011/08/12/hc-transfer-petition-should-be-allowed-only-in-exceptional-circumstances-wifes-transfer-petition-dismissed/

1 Like

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     28 December 2011

Rightly advised by Mr.Amit and I fully agree with him.

1 Like

Karan (NA)     28 December 2011

There is no problem for both of us with respect to place of filing. both are from same place and hence court under which the petition is filed ok for both of us.

 

Some more questions I have.

If I apply for divorce, and now i need not make any maintainance to her as she is also earning.

But in case say after 2 years, she is not having job can she claim for maintainance then ?

Shantanu Wavhal (Worker)     28 December 2011

maintenance amount depends upon her earnings & ur earnings.

she can claim maintenance any time - unless she gets remarried / gets a job / change of financial circumstances.

Karan (NA)     28 December 2011

How I can safe guard this ?

Can MCD include such a clause that she will not be eligible for maintainance now and in future ?

Does this will stand valid legally ?


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