sankhajit dutta (own business) 12 June 2012

Desertion

My wife deserted me in 1996 leaving behind my twin children aged 3 years in 1996.

In 2009 she she first filed for divorce with compensation and after 5 months filed another case under dv act.

After deserting me in 1996 she had written a letter to me stating that she went away with this married person

to mumbai but his wife did not allow her so she returned after 3 days. I have this letter with me along with clear postal marks and date on the envelope.Can this be used to prove desertion and adultery.

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7 Replies

Sanyam Malhotra (Advocate) 12 June 2012

what is the status of the divorce petition she filed?

Arjun Gupti (Business) 12 June 2012

Your wife left you in 1996 and then in 2009 she filed a divorce case? What were you doing during these 13-14 years? BOSS, if husband and wife does not stay together for 7+ years then they are automatically divorced.

So chill out and find another mom for your kids.

Adv Archana Deshmukh (Practicing Advocate) 12 June 2012

On what grounds she have filed divorce? That letter is one of the evidence. All depends upon other evidence also.

rajiv_lodha (zz) 12 June 2012

Postal marks are on ENVELOP ONLY. U CANT PROVE THAT THIS LETTER WAS IN THIS ENVELOP!

Anjuru Chandra Sekhar (Advocate ) 12 June 2012

Your children are better witnesses for desertion than the letter though letter also has its value to prove her adulterous behavior (not adultery). Desertion as a ground is sufficient to get divorce. Filing for divorce and petition after 13 years itself makes her petition groundless. Adulterous behavior and tendency to indulge in marriage with a married person while she herself is your wife is bigamy. This is help you to fight her maintenance claim. Evidences taken under Family courts act are not strictly put to test as it happens in Indian Evidence Act. So letter helps, you may seek the help of graphologist/handwriting expert to compare her handwriting with the handwriting in the letter to prove it belongs to her.