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Dr. Shekhar (Phd)     09 March 2014

Desertion or mutual consent

Dear sir, My wife who has deserted me has sent me below email from overseas. And wants me to file divorce application myself without her coming to India and involving any more in this case. She wants it to be ex parte decided. Kindly inform whether it will be better to go for contested application with desertion case or mutual consent without her presence or a combination of mutual consent and desertion as it’s for sure that she is not going to come from overseas for this case as is evidence from her email below also which has been sent as a note with her signature also. Email as I understand is an acceptable evidence under the Indian Evidence Act 1872 although it might be verified by the court whether she has sent it or not.

Kindly clarify.


Kind regards


> I married on 10/08/2011 with Rkumarat Delhi under the Hindu 

> Marriage Act and lived with him till 24/7/13 when I left for native place in Russia.

> Due to social and cultural differences I unable to continue to live 

> with him. As such I see no possibility and no solution of living with 

> him anymore. My views of family life are different with him and I 

> cannot prove myself to be his wife. I find myself very difficult to 

> accept, adjust and continue to accept Hindu religion, customs and 

> rites.As such it shall be better in the interest of both to depart and 

> live peacefully in our own way in future. Accordingly I suggest to 

> divorce the relationship mutually in the interest of both. There was no 

> issue out of this wedlock. I do not have anything to claim whatsoever 

> from him. I suggest any further legal formalities whatever maybe 

> required be completed soon without my physical presence.



 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 March 2014

File for MCD and ask her to give power of attorney to some of her family member.

somesh (na)     09 March 2014

Dear Maam

What would be the time period for whole procedure of mcd to be completed and legally departed?


please advice

gautam kumar (asst. mager)     10 March 2014


want your help in finding my important documents as they were placed in my google account but account was hacked by someone and he deleted those docs from there.can u tell me is there is any legal action about finding those.which legal action can i make ..

Gautam Kapoor (IT professional Studying Law)     15 March 2014

@Rakesh - This improper concotions can land you in trouble later.

" contested application with desertion case or mutual consent without her presence or a combination of mutual consent"

Looks like you both are still at good terms - convince her that MCD will be in the best interest of both the parties (particularly you,don't tell her :) ). Engage a common lawyer and go for MCD. Exparte is not advisable when you still have the means to get MCD.She can provide vakalatnama,GPA to this common lawyer  who can help you with the legal steps for divorce.

Next steps can be contemplated depending upon how  the above mode works.

Adv. Neha ( )     16 March 2014

@Mr. Rakesh

Mutual Consent Divorce will b a better option to both of the parties in terms of period of time and harassment. Ask her to give a power of attorney to her relative and that relative appears in court on her behalf on 2nd motion of MCD.

Adv. Neha

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